IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 22869 OF 2021
PETITIONER/S:
SREEKANTAN NAIR, AGED 53 YEARS
S/O. PADMANABHA PILLAI, ASHWATHY BHAVAN,
NEDUVELI, KONCHIRA P.O, VEMBAYAM,
THIRUVANANTHAPURAM DISTRICT.
BY ADV SHAJIN S.HAMEED
RESPONDENT/S:
1 THE DEPUTY SECRETARY TO GOVERNMENT
INDUSTRIES DEPARTMENT, DIRECTORATE OF INDUSTRIES
& COMMERCE, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM
DISTRICT, PIN CODE - 695033.
2 THE GEOLOGIST
MINING AND GEOLOGIST DEPARTMENT, DISTRICT
OFFICE, THIRUVANANTHAPURAM, KESAVADASAPURAM,
PATTOM PALACE P.O, THIRUVANANTHAPURAM DISTRICT,
PIN CODE - 695004.
3 THE DIRECTOR.
DIRECTORATE OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O,
THIRUVANANTHAPURAM DISTRICT, PIN CODE - 695004.
4 THE VILLAGE OFFICER.
VEMBAYAM VILLAGE OFFICE, THIRUVANANTHAPURAM
DISTRICT, PIN CODE - 695028.
5 DEEPA PRIYA
THANNIVILA, MELE PUTHEN VEEDU, NEDUVELI,
VEMBAYAM P.O, THIRUVANANTHAPURAM DISTRICT, PIN
CODE - 695028.
BY ADV ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 22869 of 2021
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 22869 of 2021
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Dated this the 23rd day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers:
"(a) Issue a writ of certiorari or other appropriate writ, order or direction and call for the records leading to Ext.P5 and quash the same.
(b) Issue a writ of mandamus or order or direction directing the 3rd respondent to consider Ext.P7 in the light of Ext.P6 and pass appropriate orders in accordance with law, within a time prescribed by this Honorable Court.
(c) Such other writ, direction or order this Honorable Court deem fit and proper for the circumstances in this case."(sic)
2. The main prayer in this writ petition is against Ext.P5 order. Admittedly, an appeal is maintainable against Ext.P5 order before the 1st appellate authority. The petitioner wrongly filed an appeal before the 3rd respondent as evident by Ext.P7. In such circumstances, there can be a direction to the 3rd respondent to forward Ext.P7 to the first appellate authority, -3- W.P.(C). No. 22869 of 2021 as per Rule 98 of the Kerala Minor Mineral Concession Rules, 2015.
Therefore, this writ petition is disposed of in the following manner:
1. The 3rd respondent is directed to forward Ext.P7 to the appellate authority in accordance to Rule 98 of the Kerala Minor Mineral Concession Rules, 2015, within two weeks from the date of receipt of a copy of this judgment.
2. Once such an appeal is received, the first appellate authority will dispose of the appeal, as expeditiously as possible, at any rate, within three months from the date of receipt of the appeal.
3. Till final orders are passed in Ext.P7, all further proceedings pursuant to Ext.P5 are deferred.
sd/-
P.V.KUNHIKRISHNAN JUDGE das -4- W.P.(C). No. 22869 of 2021 APPENDIX OF WP(C) 22869/2021 PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF THE RECEIPT NUMBER KL01032607008/2019 DATED 23.12.2019 ISSUED FROM THE VILLAGE OFFICE, VEMBAYAM.
Exhibit P2 PHOTOCOPY OF THE BUILDING PERMIT NO.
A4-B4(4753)/2019 DATED 05.01.2019 ISSUED BY THE VEMBAYAM GRAMA PANCHAYAT.
Exhibit P3 PHOTOCOPY OF THE NOTICE NUMBER 815/DOT/EM/2019 DATED 19.10.2019 ISSUED BY THE 2ND RESPONDENT. Exhibit P4 PHOTOCOPY OF THE REPLY DATED 01.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P5 PHOTOCOPY OF THE DEMAND NOTICE NO.815/DOT/EM/2019 DATED 30.11.2019 ISSUED BY THE 2ND RESPONDENT. Exhibit P6 PHOTOCOPY OF THE GOVERNMENT ORDER DATED 01.09.2016 ISSUED BY THE 1ST RESPONDENT.
Exhibit P7 PHOTOCOPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENT EXHIBITS EXHIBIT R2(A): TRUE COPY OF LETTER NO.815/DOT/EM/2019 DATED06.02.2020 EXHIBIT R2(B): TRUE COPY OF REMINDER NO.815/DOT/EM/2019 DATED15.11.2021 EXHIBIT R2(C): TRUE COPY OF COMPLAINT WAS RECEIVED FROM ONE SATHEESH SS TO THE GEOLOGY OFFICE, THIRUVANANTHAPURAM EXHIBIT R2(D): TRUE COPY OF ANOTHER COMPLAINT FROM SATHEESH TO THE GEOLOGY DISTRICT OFFICER, THIRUVANANTHAPURAM ON 06.01.2021 EXHIBIT R2(E): TRUE COPY OF LETTER FROM DEEPAPRIYA TO THE GEOLOGIST, THIRUVANANTHAPURAM ON 16.01.2021 -5- W.P.(C). No. 22869 of 2021 EXHIBIT R2(F): TRUE COPY OF LETTER TO THE GEOLOGIST THIRUVANANTHAPURAM ON 16.01.2016 EXHIBIT R2(G): TRUE COPY OF THE REPORT GIVEN BY THE GEOLOGIST ON 18.01.2016 EXHIBIT R2(H): TRUE COPY OF LETTER FROM MINING AND GEOLOGY DIRECTOR TO GEOLOGIST DATED 21.03.2016