Abdul Gafoor vs The Kerala Mineral Squad (Sr)
2022 Latest Caselaw 1101 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
                          WP(C) NO. 2778 OF 2022
PETITIONER:

              ABDUL GAFOOR,
              AGED 62 YEARS
              AJIN MANZIL, PALAVAKKOD,
              KOZHAKKANELA P. O.,
              THIRUVANANTHAPURAM - 691 574.

              BY ADV SRI. M.R.SASITH PANICKER


RESPONDENTS:

     1        THE KERALA MINERAL SQUAD (SR),
              MINING AND GEOLOGY DIRECTORATE,
              PATTAM PALACE P. O.,
              KESHAVADASAPURAM,
              THIRUVANANTHAPURAM - 695 004,
              REPRESENTED BY THE GEOLOGIST.
     2        THE DISTRICT GEOLOGIST,
              MINING AND GEOLOGY DEPARTMENT,
              THIRUVANANTHAPURAM - 695 004.
     3        NAVAYIKKULAM GRAMA PANCHAYATH,
              REPRESENTED BY ITS SECRETARY,
              NAVAIKULAM PALLIKKAL ROAD,
              NAVAIKULAM, KERALA - 695 603.

              SMT. VINITHA B. - SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2778 OF 2022

                                         2




                                  JUDGMENT

Dated this the 27th day of January, 2022

This writ petition is filed seeking the following prayers:

"(i) To issue a writ or order or directions in the nature of or similar to writ of certiorari to quash Ext.P4 notice issued by the 1st respondent to the petitioner.

(ii) To issue a writ or order or directions in the nature of or similar to writ of mandamus or order directing the 1st respondent to consider Ext.P5 representation submitted by the petitioner before taking any action under section 16 of the Rules."

2. Heard the learned counsel for the petitioner, the learned Government

Pleader as well as the learned counsel appearing for the 3rd respondent.

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

response to Ext.P4 notice, the petitioner has submitted Ext.P5

representation and that the same may be considered before further

coercive action is taken against the petitioner.

4. Having heard the learned Government Pleader also, there will be a

direction to the 1st respondent to take up, consider and pass orders on WP(C) NO. 2778 OF 2022

Ext.P5 representation preferred by the petitioner, in accordance with law,

without delay, at any rate, within one month from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 2778 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED BY THE 3RD RESPONDENT DATED 30/06/2021.

EXHIBIT P2 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE 3RD RESPONDENT PANCHAYATH DATED 30/06/2021.

EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT BY VIRTUE OF PROCEEDINGS NO. 896/2021-22/1692/DOT/ML/2021 DATED 28/09/2021.

EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 22/10/2021.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25/10/2021.

      RESPONDENTS'S EXHIBITS:    NIL.