Hameed vs The State Of Kerala
2021 Latest Caselaw 10544 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.7442 OF 2021(E)


PETITIONER:

               HAMEED, AGED 56 YEARS
               S/O. K.ABDUL KHADER, RESIDING AT CHARUVILA VEEDU,
               VELIYAM, PADINJATTINKARA, VELIYAM WEST P.O., KOLLAM-
               691 540, REPRESENTED THROUGH THE POWER OF ATTORNEY
               HOLDER, SHAHAL .K.B., S/O BADARUDHEEN AGED 42 YEARS,
               RESIDING AT KODIYATTUVEEDU, UMAYANALLOOR P.O.,
               KOLLAM-691 589

               BY ADVS.
               SRI.S.SREEKUMAR (KOLLAM)
               SHRI.K.VIJAYAN
               SMT.V.BEENA
               SRI.ANAND B. MENON

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               INDUSTRIES DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM,PIN-695 001

      2        THE DISTRICT GEOLOGIST,
               DEPARTMENT OF MINING AND GEOLOGY, ASRAMAM P.O.,
               KOLLAM DISTRICT-691 002

      3        THE DIRECTOR,
               MINING AND GEOLOGY, KESAVADASPURAM, PATTOM P.O.,
               THIRUVANANTHAPURAM,PIN-695 004

               BY GP SRI. RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7442 OF 2021(E)



                           JUDGMENT

Dated this the 29th day of March 2021

All that the petitioner seeks for is a direction to

the 1st respondent for an expeditious consideration of

Ext P8 appeal preferred by him.

The appeal is one filed under Rule 27(1)(b) of the

Kerala Mineral (Prevention of Illegal Mining, Storage

And Transportation) Rules, 2015. The petitioner has

been imposed with an amount of Rs.30,74,000/- towards

fine and royalty, which is under challenge in the said

appeal.

Without expressing anything on merits, I dispose

of this writ petition directing the 1 st respondent to

consider Ext P8 appeal after hearing the petitioner,

as expeditiously as possible and at any rate within a

period of 3 months from the date of receipt of a copy

of this judgment.

Sd/-

SATHISH NINAN

JUDGE vdv WP(C).No.7442 OF 2021(E)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION NO.29/18-

19/DOQ/2286/DL/GBS/S1/18 DATED 17.09.2018 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE LICENSE NO.C1-

315/4492/20-21 DATED 15.09.2020 ISSUED BY THE KALLUVATHUKKAL GRAMA PANCHAYATH

EXHIBIT P3 TRUE COPY OF THE CONSENT RENEWAL NO.PCB/KO/CTO/R7/970/2015 OF THE KERALA POLLUTION CONTROL BOARD DATED 02.06.2018

EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR RENEWAL OF MINERAL DEALERS LICENSE FOR THE YEAR 2021-2022 IN FORM E TO THE 2ND RESPONDENT DATED 12.03.21

EXHIBIT P5 TRUE COPY OF THE CHALLAN DATED 07.09.18 REMITTING THE FINE AMOUNT

EXHIBIT P6 TRUE COPY OF THE NOTICE NO.3160/DOQ/S1/2019 DATED 18.11.2019 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P7 TRUE COPY OF THE ORDER IN APPEAL NO.265/2020/IND DATED 23.04.2020 ISSUED BY THE DEPUTY SECRETARY TO GOVERNMENT

EXHIBIT P8 THE TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P9 THE TRUE COPY OF CHALLAN RECEIPT DATED 03.06.2020

EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WPC NO.28097/2020 DATED 10.02.2021 OF THIS HON'BLE COURT