Ali vs The Deputy Secretary To ...
2022 Latest Caselaw 1928 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                         WP(C) NO.4028 OF 2022
PETITIONER :-

             ALI, AGED 64 YEARS
             S/O.KONNOLA RAYIN, KONNOLA HOUSE,
             POOKKOTTUR P.O., MALAPPURAM DISTRICT,
             PIN - 676 517.

             BY ADV K.RAKESH


RESPONDENTS :-

      1      THE DEPUTY SECRETARY TO GOVERNMENT/ APPELLATE
             AUTHORITY, DEPARTMENT OF INDUSTRIES, SECRETARIAT,
             TRIVANDRUM, PIN - 695 001.

      2      THE DISTRICT GEOLOGIST
             DEPARTMENT OF MINING AND GEOLOGY,
             MALAPPURAM,MINI CIVIL STATION, MANJERI,
             MALAPPURAM DISTRICT, PIN - 676 121.

      3      THE DEPUTY TAHSILDAR (RR)
             ERNAD TALUK, MALAPPURAM DISTRICT, PIN - 676 121.

             BY SMT.VINITHA B, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.02.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.4028 OF 2022

                                     -: 2 :-


                                  JUDGMENT

Dated this the 18th day of February, 2022

This writ petition is filed seeking the following reliefs :-

"(a) Issue a writ of mandamus or any other appropriate writs, orders or directions directing the 1 st respondent to consider and pass appropriate orders on Exhibit P4 appeal as expeditiously as possible.

(b) Issue a writ of mandamus or any other appropriate writs, orders or directions directing the 2 nd and 3rd respondents not to proceed further with further coercive steps on Exhibit P1 till Exhibit P4 is finalised by the 1 st respondent.

(c) Declare that Exhibit P1 is illegal as the same was passed violating the principles of natural justice and also contravening Rule 108 of the Kerala Minor Mineral Rules, 2015.

(d) Issue a writ of mandamus or any other appropriate writs, orders or directions directing the 3rd respondent to put on hold all further proceedings pursuant to Exhibit P6 and P7 until the disposal of Exhibit P4 appeal by the first respondent."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that as against Ext.P1 order, the petitioner has preferred Ext.P4

appeal and that the same is liable to be considered, in accordance

with law.

WP(C) NO.4028 OF 2022

4. The learned Government Pleader submits, on

instructions, that the appeal had been received from the petitioner

on 7.2.2022 by the 1st respondent. However, it is submitted that

the appeal was not in proper form and was not accompanied by the

necessary documents including copy of the impugned orders.

5. The learned counsel for the petitioner submits that the

defects in the appeal will be duly rectified.

In case the petitioner submits the appeal in proper form

along with all supporting documents including the impugned

orders within a period of two weeks from the date of receipt of a

copy of this judgment, the appeal shall be taken up and considered

within a period of one month thereafter. Till such time, coercive

steps against the petitioner shall be kept in abeyance. However, it

is made clear that in case the petitioner does not submit the

rectified appeal with all the connected documents as directed

above within two weeks, the stay will stand vacated.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/22.2.2022 WP(C) NO.4028 OF 2022

APPENDIX OF WP(C) 4028/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED, 8-9-2021 ISSUED BY THE SECOND RESPONDENT

Exhibit P2 TRUE COPY OF THE DEMAND NOTICE ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT DATED, 9-11-2021

Exhibit P3 TRUE COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER AND THE LESSEE OF THE PROPERTY DATED, 9-1-2018

Exhibit P4 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DT.4- 2-2022

Exhibit P5 TRUE COPY OF THE TREASURY CHALAN DT, 4-2-2022, EVIDENCING THE PAYMENT OF FEES FOR FILING APPEAL

Exhibit P6 TRUE COPY OF THE NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT DATED, DATED, 6-1- 2022.

Exhibit P7 TRUE COPY OF THE NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT DATED, DATED, 6-1- 2022.