Shahina K.P vs The Deputy Secretary To ...
2021 Latest Caselaw 4531 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

           MONDAY, THE 08TH DAY OF FEBRUARY 2021/19TH MAGHA,1942

                        W.P(C).No.3186 OF 2021(W)


PETITIONER:

                SHAHINA K.P.
                AGED 45 YEARS, W/O. ABDUL RASHEED,
                EDATHODIPURAYA HOUSE, VAZHAKKAD P.O,
                MALAPPURAM DISTRICT.

                BY ADV. SRI.K.RAKESH

RESPONDENTS:

       1        THE DEPUTY SECRETARY TO GOVERNMENT/APPELLATE AUTHORITY
                DEPARTMENT OF INDUSTRIES, SECRETARIAT, TRIVANDRUM,
                PIN - 695 001.

       2        THE SENIOR   GEOLOGIST,
                DEPARTMENT   OF MINING AND GEOLOGY,
                MALAPPURAM   MINI CIVIL STATION, MANJERI,
                MALAPPURAM   DISTRICT, PIN - 676 121.

                BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
    FOLLOWING:
 W.P.(C).No.3186/2021             :: 2 ::




                        JUDGMENT

Against Ext.P1 order imposing royalty, penalty and fine

on the petitioner under the Kerala Minor Mineral Concession

Rules, 2015, the petitioner has preferred Ext.P2 appeal before the

1st respondent. The limited prayer in the writ petition is for a

direction to the 1st respondent to consider and pass orders on

Ext.P2 appeal, expeditiously, after hearing the petitioner.

2. I have heard the learned counsel appearing for the

petitioner and the learned Government Pleader appearing for the

respondents.

On a consideration of the facts and circumstances of the

case as also the submissions made across the bar, I dispose the

writ petition with a direction to the 1 st respondent to consider and

pass orders on Ext.P2 appeal within six weeks from the date of

receipt of a copy of this judgment, after hearing the petitioner.

W.P.(C).No.3186/2021 :: 3 ::

Recovery steps for recovery of amounts confirmed against the

petitioner by Ext.P1 order shall be kept in abeyance till such time

as orders are passed by the 1 st respondent as directed and the

order communicated to the petitioner. The petitioner shall

produce a copy of the writ petition together with a copy of this

judgment before the 1st respondent, for further action.

Sd/-

                          A.K.JAYASANKARAN NAMBIAR
                                      JUDGE



prp/8/2/2021
     W.P.(C).No.3186/2021            :: 4 ::




                                 APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE ORDER DATED 4-12-2020

PASSED BY THE 2ND RESPONDENT AS D.O.M/M- 3945/2020

EXHIBIT P2 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER IN FORM O OF THE KERALA MINOR MINERAL CONCESSION RULES, 2015 BEFORE THE FIRST RESPONDENT DATED 29-1-2021

EXHIBIT P3 TRUE COPY OF THE CHALLAN DATED 28-1-2021 ISSUED FROM THE SUB TREASURY, MANJERI.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE