Abdul Kareem vs The Geologist
2021 Latest Caselaw 8336 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                       WP(C).No.6401 OF 2021(A)


PETITIONER:

               ABDUL KAREEM
               AGED 60 YEARS
               S/O.MUHAMMED,
               KUNNEKUDIYIL VEEDU,
               PAIMATTOM,
               PALLARIMANGALAM.P.O,
               KOTHAMANGALAM,
               ERNAKULAM DISTRICT,
               KOCHI-686671.

               BY ADVS.
               SRI.S.SUDHISH KUMAR
               SRI.K.B.DAYAL
               SRI.SIBI KARUN
               SMT.GOPIKA.N.NAIR
               SMT.P.USHAKUMARI

RESPONDENTS:

      1        THE GEOLOGIST
               DEPARTMENT OF MINING AND GEOLOGY,
               DISTRICT OFFICE, ERNAKULAM,
               ERNAKULAM DISTRICT,
               KOCHI-682030.

      2        THE VILLAGE OFFICER,
               VILLAGE OFFICE, PALLARIMANGALAM,
               KOTHAMANGALAM,
               ERNAKULAM DISTRICT,
               PIN-686671.


               SRI.RAVIKRISHNAN - GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6401 OF 2021(A)

                                           2




                            W.P.(C) No.6401 of 2021
                     -----------------------------------------------


                                  JUDGMENT

Ext.P4 order, which is under challenge in this writ petition, is

appealable under Rule 98(1) of the Kerala Minor Mineral Concession

Rules, 2015. The petitioner has no case that the said remedy is not

efficacious in any manner. In the circumstances, the writ petition is

disposed of relegating the petitioner to avail the said alternative

remedy for redressal of the grievance voiced in the writ petition.

Having regard to the peculiar facts of this case, it is also

directed that further proceedings pursuant to Ext.P4 order be deferred

for a period of two weeks so as to enable the petitioner to prefer

appeal against Ext.P4 order and seek appropriate interim orders which

he is entitled to.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV WP(C).No.6401 OF 2021(A)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPORT DATED 21.12.2019 PREPARED BY THE ASST.GEOLOGIST.

EXHIBIT P1(A) TRUE COPY OF THE COVERING LETTER GIVEN BY THE 1ST RESPONDENT DATED 30.10.2020.

EXHIBIT P2 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 27/11/2020.

EXHIBIT P3 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER ON 4.02.2021.

EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE DATED 19/02/2021 RECEIVED BY THE PETITIONER.