Abdul Rasak .M vs The State Of Kerala

Kerala High Court

Abdul Rasak .M vs The State Of Kerala on 22 May, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
     WEDNESDAY, THE 22ND DAY OF MAY 2024/1ST JYAISHTA, 1946
                         WP(C) NO.18275 OF 2024
PETITIONERS:

     1       ABDUL RASAK.M, AGED 60 YEARS, S/O.KOYA,
             KOTTALAMATHIL HOUSE, PUTHUKOD P.O,
             MALAPPURAM DISTRICT, PIN - 673633.

     2       NASEERA, AGED 48 YEARS, W/O.ABDUL RASAK,
             KOTTALAMATHIL HOUSE, PUTHUKOD P.O,
             MALAPPURAM DISTRICT, PIN - 673633.

             BY ADVS.
             T.P.SAJID
             SHIFA LATHEEF
             MUHAMMED HAROON A.N.
             HASHARURAHIMAN U.
             MOHEMED FAVAS


RESPONDENTS:

     1       THE STATE OF KERALA,
             REPRESENTED THE DEPUTY SECRETARY,
             DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001.

     2       THE GEOLOGIST, DISTRICT OFFICE,
             MINING AND GEOLOGY DEPARTMENT, MINI CIVIL STATION,
             MANJERI, MALAPPURAM DISTRICT, PIN - 676121.

     3       THE SECRETARY, VAZHAYOOR GRAMA PANCHAYAT,
             KARADU PARAMBU P.O,
             MALAPPURAM DISTRICT, PIN - 673632


             BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   22.05.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C) No.18275 of 2024
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                          JUDGMENT

Dated, this the 22nd May, 2024 Having regard to the limited relief, which is proposed to be granted in this writ petition, notice to the 3rd respondent is dispensed with.

2. Heard the learned counsel for the petitioners and the learned Government Pleader for respondents 1 and 2.

3. Learned counsel for the petitioners would submit that Ext.P5 permit issued in favour of petitioners for removal of soil has been cancelled by the District Collector as per Ext.P7 order dated 06.05.2024. Aggrieved thereby, the petitioners preferred Ext.P9 appeal before the 1st respondent. The limited relief sought for by the petitioners is for a consideration of Ext.P9 appeal within a time frame to be fixed by this Court and to stay the operation of Ext.P7, as also, coercive steps, if any therefrom, until the appeal is disposed of. W.P(C) No.18275 of 2024

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4. As against the above submission, learned Government Pleader submits that the request for stay can be made before the appellate authority by filing necessary application before the 1st respondent.

5. Having heard the learned counsel appearing on both sides, this Court is inclined to allow this Writ Petition by directing the 1st respondent take up, consider and pass orders in Ext.P9 appeal, after affording due opportunity of hearing to the petitioners, and such other affected party, if any, within a period of three months. Coercive steps pursuant to Ext.P7 will stand stayed until such time.

This W.P.(C) is disposed of accordingly.

Sd/-

C.JAYACHANDRAN, JUDGE ww W.P(C) No.18275 of 2024

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APPENDIX OF WP(C) 18275/2024 PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED DATED 26/3/2022.

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 06/05/2024 ISSUED BY THE VAZHAYOOR VILLAGE OFFICE TO THE PETITIONERS.

EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS DATED 09/01/2024.

EXHIBIT P4 TRUE COPY OF THE CHALLAN DATED 2/4/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS.

EXHIBIT P5 TRUE COPY OF THE PERMIT DATED 03/04/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 22/4/2024 SEND BY THE 3RD RESPONDENT TO THE DISTRICT COLLECTOR, MALAPPURAM.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 06/05/2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 10/05/2024 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT DATED 20/5/2024.

EXHIBIT P9(A) TRUE COPY OF THE CHALLAN DATED 20/05/2024 EVIDENCING THE PAYMENT OF RS.500/-.