Ansar vs Deputy Secretary To Government
2021 Latest Caselaw 12649 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943
                          WP(C) NO. 10830 OF 2021
PETITIONER:

              ANSAR
0




              AGED 42 YEARS
              S/O.KUNJUKUNJU, MANGALATHUPARAMBIL HOUSE, PALLARIMANGALLAM
              VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT,
              REPRESENTED BY HIS POWER OF ATTORNEY, MUHAMMED M.K., AGED
              56 YEARS, S/O.KUNJUKUNJU, RESIDING AT MANGALATHU PARAMBIL
              HOUSE, PALLARIMANGALAM P.O., PIN - 686 671, KOTHAMANGALAM
              TALUK, ERNAKULAM DISTRICT.

              BY ADV SRI.SIRAJ KAROLY



RESPONDENTS:

     1        DEPUTY SECRETARY TO GOVERNMENT,
              INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,
              THIRUVANANTHAPURAM - 695 001 (APPELLATE AUTHORITY UNDER
              RULE 98 OF THE KERALA MINOR MINERAL CONCESSION RULE, 2015).

     2        THE GEOLEGIST, ERNAKULAM
              OFFICE OF THE GEOLOGIST, MINING AND GEOLOGY, CIVIL STATION,
              KAKKANAD, KOCHI - 682 031.

     3        THE VILLAGE OFFICER
              PALLARIMANGALAM VILLAGE OFFICE, PALLARIMANGALAM,
              KOTHAMANGALAM TALUK-686671.

     4        THE DEPUTY TAHASILDAR (REVENUE RECOVERY)
              KOTHAMANGALAM, TALUK OFFICE, KOTHAMANGALAM-686691.

     5        THE DISTRICT COLLECTOR
              ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI - 682 033.

              BY GOVT. PLEADER SRI.RAVIKRISHNAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
              W. P. (C) No.10830 of 2021
          ==================
          Dated this the 31st day of May, 2021

                        JUDGMENT

Challenging Ext.P6 demand notice for

`1,09,480/-, including royalty and fine, for

alleged illegal removal of ordinary earth, the

petitioner has preferred Ext.P7 appeal before the

first respondent. According to the petitioner, for

construction of a building in terms of Ext.P3

building permit, he had developed the property in

terms of Ext.P2 development permit. He has not

transported earth from the property, but the same

is stacked in the remaining property and hence the

proceedings against him is bad, contends the

petitioner. It would be sufficient if the first

respondent considers the appeal on its merits and

passes appropriate orders without delay.

2. Accordingly, the writ petition is disposed

of directing the first respondent to consider and

pass appropriate orders on Ext.P7 appeal filed by

the petitioner, after hearing the petitioner, W. P. (C) No.10830 of 2021

within a period of one month from the date of

receipt of a copy of this judgment. Further

proceedings for recovery shall be kept in abeyance

in the meanwhile.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 10830/2021

ANNEXURE/EXHIBITS

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE SHOWING THE PROCESSION AND LOCATION PREPARED BY THE THIRD RESPONDENT PERTAINING TO THE PROPERTY DATED 3/12/2020.

EXHIBIT P2 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE GRAMA PANCHAYAT, PALLARIMANGALAM DATED 5/10/2020.

EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT OBTAINED BY THE PETITIONER DATED 7/10/2020.

EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT DATED 20/01/2021.

EXHIBIT P5 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 3/2/2021.

EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE DATED 27/03/2021 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE APPEAL MEMORANDUM DATED 21/04/2021 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE CHALLAN RECEIPT SHOWING THE REMITTANCE OF FEES DATED 21/4/2021.

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