Kerala High Court
Yousuf Haji vs Deputy Secretary To Government on 20 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 20TH DAY OF JANUARY 2021/30TH POUSHA, 1942
W.P(C).No.1492 OF 2021(J)
PETITIONER:
YOUSUF HAJI
AGED 54 YEARS
S/O. ALIYAR KUNJU, SAMSAM MANZIL, KANYAKULANGARA,
VEMBAYAM P.O, THIRUVANANTHAPURAM.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENTS:
1 DEPUTY SECRETARY TO GOVERNMENT
INDUSTRIES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 DISTRICT COLLECTOR,
CIVIL STATION, THIRUVANANTHAPURAM-695 043
3 SENIOR GEOLOGIST,
DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT,
KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004.
4 TAHSILDAR,
NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT-695 541
5 VILLAGE OFFICER,
THEKKADA VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 615
BY SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.1492/2021 :: 2 ::
JUDGMENT
The petitioner, aggrieved by Ext.P3 order of the 3 rd
respondent that confirms a demand of penalty and royalty on him,
has preferred Ext.P6 appeal and Ext.P7 stay petition before the 1 st
respondent. The limited prayer in the writ petition is for a direction
to the 1st respondent to consider and pass orders in the appeal and
to keep in abeyance the recovery steps, pursuant to Ext.P3 order, in
the meanwhile.
2. I have heard the learned counsel appearing for the
petitioner and also the learned Government Pleader appearing for
the respondents.
The learned Government Pleader would submit, on
instructions, that the appeal, though filed before the 1 st respondent,
has to be heard by the Joint Secretary, Industries Department,
Thiruvananthapuram. Taking note of the said submission, I dispose
W.P.(C).No.1492/2021 :: 3 ::
the writ petition with the following directions:
1. The 1st respondent shall forward Ext.P6 appeal and
Ext.P7 stay petition preferred by the petitioner before
him, to the Joint Secretary, Industries Department,
Thiruvananthapuram, who, in turn, shall consider and
pass orders on Ext.P6 appeal within a period of six weeks
from the date of receipt of a copy of this judgment, after
hearing the petitioner.
2. It is made clear that till such time as orders are passed
by the Joint Secretary in Ext.P6 appeal and the order
communicated to the petitioner, recovery steps for
recovery of amounts confirmed against the petitioner by
Ext.P3 order shall be kept in abeyance.
3. The petitioner shall produce a copy of the writ petition
together with a copy of this judgment, before the Joint
Secretary, Industries Department, Thiruvananthapuram,
for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
prp/20/1/2021
W.P.(C).No.1492/2021 :: 4 ::
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE OF THE 3RD
RESPONDENT DATED 12.02.2020.
EXHIBIT P2 TRUE COPY OF THE REPLY OF THE PETITIONER
DATED 20.02.2020.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT DATED 12.11.2020.
EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT ISSUED BY
THE SECRETARY OF VEMBAYAM GRAMA PANCHAYAT
DATED 17.10.18.
EXHIBIT P5 TRUE COPY OF THE TRADE LICENCE OF THE
HOLLOW BRICKS UNIT OF THE LESSEE OF THE
PETITIONER DATED 12.10.2020.
EXHIBIT P6 TRUE COPY OF THE APPEAL OF THE PETITIONER
SUBMITTED BEFORE THE 3RD RESPONDENT AGAINST
EXT.P3 ORDER DATED NIL.
EXHIBIT P7 TRUE COPY OF THE STAY PETITION FILED BEFORE
THE 1ST RESPONDENT DATED 22.12.2020.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
