V. Govindankutty vs Director
2021 Latest Caselaw 12490 Ker

                            S.Manikumar, C.J.
                                    &
                             Shaji P.Chaly, J.
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                     W.A.Nos.729, 730 & 731 of 2021
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                     Dated this the 19th day of May, 2021

                                   ORDER

S.Manikumar, C.J.

All these writ appeals arise out of a common judgment in W.P.

(C)Nos.30036 of 2019, 23166 of 2020 and 36329 of 2015 dated

18.12.2020.

2. Taking us through the pleadings and the documents,

Mr.Santhosh Mathew, learned counsel for the appellants sought for

reversal of the common judgment. He also submitted that the common

judgment came to be passed solely on the basis of misconception as to

construction of road, whether it is for public or private purpose.

3. We have gone through the common judgment and also the

memorandum of grounds of writ appeals and deem it fit to hear the writ

appeals.

4. Learned Government Pleader takes notice for the official

respondents in all the three appeals. W.A.Nos.729, 730 & 731 of 2021

5. Mr.Santhosh Mathew, learned counsel for the appellants

submitted that notice would be taken on respondent No.4/private

respondent in W.A.No.729 of 2021. In respect of the other respondents

in the appeals excluding the Government Officials, he submitted that

they were already served with notice. Nevertheless he would take steps

for effecting service.

6. Though the appellants have sought for interim stay of the

operation of the common judgment, we are inclined to grant interim

stay of the operation of the common order, directing initiation of action

against the appellants, on condition that the appellants shall pay a sum

of Rs.1,00,000/- (Rupees One Lakh Only) to the Kerala State Legal

Services Authority in the credit of fund for payment of legal aid

counsels.

7. Mr.Santhosh Mathew, learned counsel for the appellants

submitted that the payment should be made within ten days from

today.

8. Placing on record the submission of the learned counsel for the

appellants, there shall be an interim stay of the operation of the W.A.Nos.729, 730 & 731 of 2021

common judgment directing the initiation of proceedings by the Director

of Mining and Geology or any other authority, on condition that the

appellants shall pay the abovesaid sum within ten days from today, by

any approved mode. We also make it clear that in case of default, the

Director of Mining and Geology or any other authority may proceed, as

directed by the writ court.

Post after three weeks.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv