Nizam Nazar vs State Of Kerala
2022 Latest Caselaw 1793 Ker

WP(C) No.30605/2021                       1/2

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR. JUSTICE T.R.RAVI
            Wednesday, the 16th day of February 2022 / 27th Magha, 1943
                            WP(C) NO. 30605 OF 2021 (A)
   PETITIONER:

          NIZAM NAZAR, AGED 35 YEARS, S/O. NAZARUDEEN, PLAVAZHIKATHU PUTHEN
          VEEDU, PUNUKANNOOR CHERRY, KUNDARA P.O, ELAMPALLOR VILLAGE, KOLLAM
          691 501, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, NAZARUDEEN,
          S/O. MYTHEEN KUNJU, AGED 63 YEARS, PLAVAZHIKATHU PUTHEN VEEDU,
          PUNUKANNOOR CHERRY, KUNDARA P.O, ELAMPALLOOR VILLAGE, KOLLAM 691
          501.

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
         GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM-695 001
      2. THE DIRECTOR OF MINING AND GEOLOGY, GOVERNMENT OF KERALA,
         KESAVADASAPURAM, PATTOM, THIRUVANANTHAPURAM-695 004.
      3. THE DISTRICT COLLECTOR, COLLECTORATE, CUTCHERY P.O, KOLLAM-691 013.
      4. THE REVENUE DIVISIONAL OFFICER, (SUB COLLECTOR), COLLECTORATE,
         CUTCHERY P.O, KOLLAM 691 013.
      5. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, ASRAMAM P.O, KOLLAM
         691 002.
      6. THE TAHASILDAR, TALUK OFFICE, KOLLAM 691 001.
      7. THE VILLAGE OFFICER, MULAVANA VILLAGE, MULAVANA P.O, KOLLAM-691 501

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay the operation and implementation of Ext.P6 order issued by
   the 3rd Respondent and direct the 5th Respondent to forthwith issue
   Mineral Transit Passes to the petitioner as per the Proviso to Rule 14 of
   the Kerala Minor Mineral Concession Rules 2015 and the Kerala State
   Minerals(Prevention of illegal Mining, Storage and Transportation) Rules
   2015 to remove the dumped earth from the property of the petitioner
   covered in Ext.P1 taking into consideration of the Royalty remitted by the
   petitioner and Exhibit P5 judgment, pending disposal of the above Writ
   Petition.

        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   23.12.2021 and upon hearing the arguments of M/S.B.MOHANLAL, P.S.PREETHA,
   MANSOOR ALI & KARTHIK J SEKHAR, Advocates for the petitioners and of
   GOVERNMENT PLEADER for respondents, the court passed the following:
 WP(C) No.30605/2021                           2/2




                                         ORDER

Post along with WP(C) No.18996/2021 and connected cases.

Interim Order is extended until further orders.

Sd/- T.R.RAVI, JUDGE

16-02-2022 /True Copy/ Assistant Registrar