Binu.R.S vs The District Geologist
2021 Latest Caselaw 4878 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021/21ST MAGHA,1942

                       W.P(C).No.28097 OF 2020(J)


PETITIONER:

               BINU.R.S
               AGED 46 YEARS, S/O.SUNDARAYAR, RINI MANDIRAM,
               MUTTAKKAVU, NEDUMPANA P.O., KOLLAM-691576.

               BY ADVS.SRI.ALEX.M.SCARIA
                       SRI.A.J.RIYAS
                       SMT.SARITHA THOMAS

RESPONDENTS:

       1       THE DISTRICT GEOLOGIST
               THE DISTRICT GEOLOGIST, MINING AND GEOLOGY DEPARTMENT,
               ASRAMAM, KOLLAM, KERALA-691008.

       2       DIRECTOR OF MINING AND GEOLOGY,
               KESAVADASAPURAM, PATTOM PALACE P.O.,
               THIRUVANANTHAPURAM-695004, KERALA, INDIA, NH 47,
               KESAVADASAPURAM, THIRUVANANTHAPURAM, KERALA-695004.

               BY SRI.PAUL ABRAHAM VAKKANAL, GOVERNMENT PLEADER

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
    FOLLOWING:
 W.P.(C).No.28097/2020                 :: 2 ::




                               JUDGMENT

The petitioner has preferred a fresh application, as

evidenced by Ext.P7 challan, for renewal of a storage permit which

was initially refused citing pendency of an appeal against a penalty

order passed against the petitioner. In the writ petition, the

petitioner has produced material to suggest that the underlying

basis for the penalty order has since been removed, and hence, the

appeal, when taken up for consideration, would automatically have

to be allowed. In the meanwhile, however, citing the pendency of

the appeal, the application preferred by the petitioner for renewal

of the storage permit has not been taken up by the respondents.

The prayer, at this stage, is for a direction to the respondents 1 and

2 to consider and dispose the application, evidenced by Ext.P7

challan, de hors the pendency of Ext.P2 appeal against the order of

penalty.

2. I have heard the learned counsel for the petitioner and

also the learned Government Pleader for the respondents.

W.P.(C).No.28097/2020 :: 3 ::

Taking note of the averments in the writ petition as also the

report filed by the Geologist, I dispose the writ petition with a

direction to respondents 1 and 2 to consider and pass orders on the

application preferred by the petitioner, as evidenced by Ext.P7

challan, within an outer limit of three weeks from the date of

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

made clear that the mere pendency of Ext.P2 appeal shall not be a

reason to deny consideration of the application and passing orders

thereon. The petitioner shall produce a copy of the writ petition

together with a copy of this judgment before respondents 1 and 2,

for further action.

Sd/-

                             A.K.JAYASANKARAN NAMBIAR
                                         JUDGE
prp/10/2/2021
    W.P.(C).No.28097/2020           :: 4 ::




                                 APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE RELEVANT TITLE DEED.

EXHIBIT P2                 TRUE COPY OF THE APPEAL NO.271/A4/19/ID
                           BEFORE THE GOVERNMENT OF KERALA.

EXHIBIT P3                 TRUE COPY OF THE ORDER DATED          23.10.2020
                           ISSUED BY GOVERNMENT OF KERALA.

EXHIBIT P4                 TRUE COPY OF THE ORDER NO.L-215600/2020

DATED 29.9.2020 BY THE SUB COLLECTOR.

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE TAHSILDAR, KOLLAM DATED 13.10.2020.

EXHIBIT P6 TRUE COPY OF THE RELEVANT EXTRACT OF THE BASIC TAX REGISTER.

EXHIBIT P7 TRUE COPY OF THE TREASURY CHALLAN DATED 21.10.2020.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE