T.R. Raviprasad vs State Of Kerala

Citation : 2024 Latest Caselaw 10602 Ker
Judgement Date : 11 April, 2024

Kerala High Court

T.R. Raviprasad vs State Of Kerala on 11 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                        WP(C) NO. 14987 OF 2024
PETITIONER:

          T.R. RAVIPRASAD
          AGED 64 YEARS
          S/O T.G. RAMAKRISHNAN NAIR, PANAYAKUZHIYIL HOUSE,
          (PRANAVAM), AMAYAR P.O., VANDANMEDU VILLAGE, IDUKKI
          DISTRICT, PIN - 685551
          BY ADVS.
          T.I.ABDUL SALAM
          K.R.MONISHA


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, MINING AND GEOLOGY
          DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001
    2     DISTRICT COLLECTOR
          IDUKKI, PAINAVU P.O., KUYILIMALA, IDUKKI DISTRICT,
          PIN - 685603
    3     TAHASILDAR (LR) UDUMBANCHOLA
          MINI CIVIL STATION, NEDUMKANDOM P.O. IDUKKI DISTRICT.,
          PIN - 685553
    4     DIRECTOR OF MINING AND GEOLOGY
          KESAVADASAPURAM, PATTOM PALACE P.O.,
          THIRUVANANTHAPURAM, PIN - 695004
    5     SENIOR GEOLOGIST
          MINING AND GEOLOGY, DISTRICT OFFICE, MINI CIVIL
          STATION, THODUPUZHA, IDUKKI DISTRICT, PIN - 685584

OTHER PRESENT:

          SR.GP - ASWIN SETHUMADHAVAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.14987 of 2024      :2:



                           VIJU ABRAHAM, J.
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                       W.P.(C) No.14987 of 2024
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                   Dated this the 11th day of April, 2024

                             JUDGMENT

The petitioner has approached this Court seeking a direction to the 3rd respondent to finalise the proceedings as requested in Exts.P11 and P12, which are stated to be pending consideration before the said respondent. The contention raised by the petitioner is that it is without taking into consideration Exts.P11 and P12 that Ext.P13 proceedings were issued rejecting the claim of the petitioner.

2. Heard the learned Government Pleader also.

After hearing both sides I am inclined to dispose of the writ petition with a direction to the 3rd respondent to take up Exts. P11 and P12 requests made by the petitioner and finalise the proceedings therein in accordance with law, after affording an opportunity of being heard to the petitioner, de hors the issuance of Ext.P13, within an outer limit of three months from the date of receipt of a copy of this judgment.

Sd/-

VIJU ABRAHAM JUDGE sm/ W.P.(C). No.14987 of 2024 :3: APPENDIX OF WP(C) 14987/2024 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE SAID ORDER DATED 21.03.2006 OF THE RESPONDENT NO.4 Exhibit P2 THE TRUE PHOTOCOPY OF THE SAID QUARRYING LEASE DATED 03.04.2006 Exhibit P3 THE TRUE PHOTOCOPY OF THE ORDER NO.484/2011- 12/5772/M3/2011 DATED 24.10.2011 OF THE RESPONDENT NO.4 Exhibit P4 THE PHOTOCOPY OF THE SAID QUARRYING LEASE DATED 14.11.2011 Exhibit P5 TUE PHOTOCOPY OF THE SAID COMMUNICATION WITH THE MAHAZAR REPORT DATED 23.09.2017 OF THE VILLAGE OFFICER, VANDANMEDU Exhibit P6 TRUE PHOTOCOPY OF THE SAID STATEMENT DATED 29.04.2019 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.3 Exhibit P7 THE TRUE PHOTOCOPY OF THE SAID ORDER NO.G2-10184/17 DATED 06.04.2022 OF THE RESPONDENT NO.3 Exhibit P8 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) 8310/2023 DATED 20.03.2023 Exhibit P9 THE TRUE PHOTOCOPY OF THE SAID COMMUNICATION NO.C5-26569/2010 DATED 26.03.2018 Exhibit P10 TRUE PHOTOCOPY OF THE SAID COMMUNICATION NO.C5-26569/2010 DATED 22.03.2019 Exhibit P11 TRUE PHOTOCOPY OF THE SAID LETTER DATED 14.08.2018 Exhibit P12 TUE PHOTOCOPY OF THE SAID REPRESENTATION DATED 29.11.2023 Exhibit P13 THE TRUE PHOTOCOPY OF THE SAID COMMUNICATION NO.TLKUDM/4540/2022-C5 DATED 18.01.2024