IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 17TH DAY OF MAY 2022 / 27TH VAISAKHA, 1944
WP(C) NO. 16006 OF 2022
PETITIONER/S:
JOHNY MATHEW
AGED 64 YEARS
ARAMBANKUDY, VATTAMATTOM, NADUKANI, KEERAMPARA,
ERNAKULAM, KERALA, PIN - 686691
BY ADVS.
NAVANEETH.N.NATH
SANEL CHERIAN
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM
PALACE P.O., THIRUVANANTHAPURAM, PIN - 695004
2 THE DIRECTOR
DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
PATTOM PALACE P.O.,THIRUVANANTHAPURAM, PIN - 695004
3 THE GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, CIVIL
STATION , KAKKANADU PO, KOCHI, PIN - 682030
OTHER PRESENT:
BY ADV. SABEENA P ISMAIL- GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP© No. 16006/2022 2
JUDGMENT
The petitioner has filed this Writ Petition praying for the following reliefs:
"i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the third respondent to consider and dispose of Exhibit P5 representation, within a fixed time limit, as this Hon'ble Court deems fit, in the interest of justice;
ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to grant permission to the petitioner to remove the excavated mineral (hard rock) lying in the property of the petitioner situated in Survey No.501/1-3-3 of Pindimana Village in Kothamangalam Taluk;
iii) And issue and grant such other and further reliefs, directions, or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case including costs."
WP© No. 16006/2022 3
2. The basic grievance highlighted by the petitioner is non consideration of his application for permission to remove the excavated mineral (Hard rock) lying in the property and the same is causing hindrance to the free usage of the property. Exhibit P5 is the application submitted by him in this regard and the same is dated 27.11.2021.
3. Considering the facts and circumstances of this case, the 3rd respondent is directed to take a decision on Ext.P5 application in accordance to law and communicate the order to the petitioner herein. It is made clear that, before taking a decision as mentioned above, the petitioner shall be granted an opportunity for being heard. It is made clear that, the decision in this regard shall be taken within a period of two months from the date of receipt of a copy of this judgment. It is further clarified WP© No. 16006/2022 4 that, while disposing of this Writ Petition, this Court has not considered the merits of the contentions of the petitioner and it shall be open for the 3rd respondent to consider the sustainability of the request of the petitioner as highlighted in Ext.P5 in accordance to law by applying his mind independently.
This Writ Petition is disposed of as above.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE pkk WP© No. 16006/2022 5 APPENDIX OF WP(C) 16006/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE LETTER DATED 27/05/2019 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE CHALAN DATED 17/07/2019 EVIDENCING REMITTANCE OF RS 34,033/- IS Exhibit P3 TRUE COPY OF THE LETTER DATED 05/11/2019 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE CHALAN DATED 26/12/2019 EVIDENCING REMITTANCE OF RS 1,89,166/ Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 27/11/2021 PREFERRED BY THE PETITIONER TO THE THIRD RESPONDENT Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 08/12/2021 PREFERRED BY THE PETITIONER TO THE SECOND RESPONDENT Exhibit P7 TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 08/12/2021 EVIDENCING SUBMISSION OF EXHIBIT P6 BY THE PETITIONER TO THE SECOND RESPONDENT