Aravindakshan P vs The Additional Tahsildar

Kerala High Court

Aravindakshan P vs The Additional Tahsildar on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                      WP(C) NO. 15760 OF 2016




PETITIONER:

             ARAVINDAKSHAN P.
             AGED 59 YEARS, S/O.GOPALAN NAIR,
             POTTANATE HOUSE, AYYAPPANKAVU (PO), MULAYAM,
             THRISSUR DISTRICT.
             BY ADV SRI.JOBI JOSE KONDODY



RESPONDENT:

             THE ADDITIONAL TAHSILDAR
             TALUK OFFICE, CHEMPOOKAVU (PO),
             THRISSUR-680 020.
             SRI.B.S.SYAMANTAK, GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.15760/2016

                                        2




                      P.V.KUNHIKRISHNAN, J.
                       --------------------------------
                      W.P.(C).No.15760 of 2016
                ----------------------------------------------
               Dated this the 21st day of May, 2024


                              JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records relating to Exhibit P16 order and issue a writ of certiorari and quash the same; ii. Issue a writ of mandamus directing the respondent to defer Exhibit P16 till a final decision is taken by the competent civil court and quantification if any against the petitioner in Exhibit P14 suit;

iii. Issue such other reliefs which this Honourable Court may deems fit and appropriate in the facts and circumstances of this case.

(SIC)

2. When this writ petition came up for consideration on 26.04.2016, this Court passed the following order :

"Petitioner submits that the bank guarantee has been encashed. In that view of the matter, there shall be an interim order as prayed for, for one month."

3. The above order was extended until further orders on 24.06.2016. The interim order is to the effect that Ext.P16 will be stayed and deferred till the Munsiff's Court, Thrissur passes final order in Ext.P14 suit. Now the counsel for the petitioner submitted that the suit is still pending and the trial is going on. If that be the case, the interim order can be retained and the writ petition can be closed.

Therefore this writ petition is closed, retaining the order dated 26.04.2016.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.15760/2016 4 APPENDIX OF WP(C) 15760/2016 PETITIONER EXHIBITS P1 : A TRUE COPY OF THE QUARRYING LEASE DATED 19-1-2011 EXECUTED BY THE PETITIONER AND THE GOVERNMENT OF KERALA.

P2 : A TRUE COPY OF THE PROCEEDINGS FOR THE QUARRYING PERMIT DATED 11-12-1995 VIDE NO.100/95-95/MM/GS/ROC/352/E2/95 ISSUED BY THE GEOLOGIST, THRISSUR TO THE PETITIONER.

P3 : A TRUE COPY OF THE QUARRYING PERMIT DATED 5-3-2007 BY THE GEOLOGIST, THRISSUR TO THE PETITIONER TO MINE AND EXTRACT BUILDING STONES FROM PROPERTY COMPRISED IN 147/1250/1P OF OLLUKKARA VILLAGE IN THRISSUR TALUK OF THRISSUR DISTRICT VALID UPTO 25-4-2007. P4 : A TRUE COPY OF THE QUARRYING PERMIT DATED 7-12-2009 ISSUED BY THE GEOLOGIST, THRISSUR TO THE PETITIONER VALID UPTO 6-12-2010 FOR MINING BUILDING STONES FROM 9.72 ARES OF LAND COMPRISED IN SURVEY NO.147/1250/1 OF OLLUKKARA VILLAGE IN THRISSUR TALUK OF THRISSUR DISTRICT.

P5 : A TRUE COPY OF THE ACKNOWLEDGEMENT FOR RECEIPT OF MONEY DATED 20-7-1995 PAID BY THE PETITIONER BY WAY OF COMPOUNDING UNDER RULE 60-A OF THE KERALA MINOR MINERAL CONSESSION RULES 1967.

P6 : A TRUE COPY OF THE RECEIPT DATED 30-3- 1998 ISSUED BY THE GEOLOGIST, THRISSUR TO THE PETITIONER.

P7 : A TRUE COPY OF THE RECEIPT DATED 14-4- 1998 ISSUED BY THE GEOLOGIST, THRISSUR TO THE PETITIONER.

P8 : A TRUE COPY OF THE RECEIPT DATED 5-3- 2007 ISSUED BY THE GEOLOGIST, THRISSUR, TO THE PETITIONER EVIDENCING WP(C).No.15760/2016 5 PAYMENT OF COMPOUNDING FEE UNDER RULE 60-A OF THE KERALA MINOR MINERAL CONCESSION RULES, 1967 P9 : A TRUE COPY OF THE RECEIPT DATED 2-5- 2011 ISSUED BY THE GEOLOGIST, THRISSUR TO THE PETITIONER.

P10 : A TRUE COPY OF THE DEMAND NOTICE DATED 17-10-2014 ISSUED BY THE GEOLOGIST, THRISSUR TO THE PETITIONER.

P11 : A TRUE COPY OF THE COMMON JUDGMENT DATED 24-11-2014 IN WPC.NO. 28018 OF 2014 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT. P12 : A TRUE COPY OF THE BANK QUARANTEE DATED 13-1-2015 HAVING VALIDITY UPTO 12-1-2016 FURNISHED BY THE PETITIONER BEFORE THE GEOLOGIST, THRISSUR THROUGH THE STATE BANK OF TRAVANCORE. P13 : A TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR, MINING AND GEOLOGY DATED 3- 3-2015.

P14 : A TRUE COPY OF THE PLAINT FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, THRISSUR IN OS NO.3602 OF 2015. P15 : A TRUE COPY OF THE JUDGMENT DATED 10- 4-2015 IN WPC.NO.12259 OF 2015 PASSED BY THIS HONOURABLE COURT.

P16 : A TRUE COPY OF THE PROCEEDINGS DATED 7-1-2016 OF THE RESPONDENT.