IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 15542 OF 2022
PETITIONER:
K M MUNEER,
AGED 49 YEARS,
S/O.MUHAMMED, RESIDING AT KALLUNGAL HOUSE,
THAIKKATTUKARA P.O., ALWAYE, ERNAKULAM-683 106.
BY ADVS.
S.SREEKUMAR (KOLLAM)
K.VIJAYAN
M.SREERANGA NADHAN
PRIYA SHANAVAS
SALMATH A.
A.MOHAMMED ANAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
INDUSTRIES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE DIRECTOR,
MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN-695 004.
3 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD-678
001.
4 THE VILLAGE OFFICER,
PUTHUCODE, PALAKKAD-678 687.
SRI.ASHWIN SETHUMADHAVAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) NO.15542 OF 2022 2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.15542 of 2022
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Dated this the 17th day of June, 2022
JUDGMENT
The above writ petition is filed seeking the following prayer:
"i) To issue a writ of mandamus, order or direction to the 1st respondent to dispose of the appeal submitted by the petitioner vide Exhibit-P2 within a time frame by this Hon'ble Court."
2. When this writ petition came up for consideration, the learned counsel for the petitioner submitted that he will be satisfied if a direction is issued to the 1 st respondent to dispose of Ext.P2 appeal within a time frame and till then the interim order already granted by this Court may be extended.
3. I have heard the learned counsel for the petitioner and the learned Government Pleader.
4. I think the prayer in the writ petition can be allowed.
W.P.(C) NO.15542 OF 2022 3When this writ petition came up for consideration on 10.05.2022, this Court passed the following order:
"Admit.
The learned Government Pleader takes notice for the respondents.
Respondents to file their counter affidavit/statement within three weeks.
There will be an interim stay of recovery pursuant to Ext.P5 notice for a period of one month."
5. In the light of the same, I think there can be a direction to consider Ext.P2 appeal by the 1st respondent and till then all coercive steps based on Ext.P5 can be kept in abeyance.
In the result, this writ petition is disposed of with the following directions:
i) The 1st respondent is directed to consider and pass appropriate order on Ext.P2 as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to the petitioner.
ii) Till final orders are passed by the 1 st W.P.(C) NO.15542 OF 2022 4 respondent, all further proceedings consequent to Ext.P5 are deferred.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DSV/18.06.2022 W.P.(C) NO.15542 OF 2022 5 APPENDIX OF WP(C) 15542/2022 PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE SURVEY SKETCH ISSUED BY THE PUTHUCODE VILLAGE OFFICER. Exhibit P2 THE TRUE COPY OF THE APPEAL FILED BEFORE THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE DELAYERS LICENSE NO.29/ 2021-22/DL/GBS/DOP/1427/2021/A1 DATED 22.07.2021.
Exhibit P4 TRUE COPY OF THE CONSENT RENEWAL OF THE KERALA STATE POLLUTION CONTROL BOARD (PCB) DATED 15.05.2020.
Exhibit P5 THE TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE 4TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WPC NO.35495/2019 DATED 20.12.2019.
RESPONDENT'S EXHIBITS: NIL