M.S.Riyas vs State Of Kerala
2022 Latest Caselaw 390 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                         W.P.(C) NO.27244 OF 2021
PETITIONER:

              M.S.RIYAS,
              AGED 36 YEARS, S/O.MUHAMMED SHAREIF,
              RESIDING AT AL AMAN MANZIL,
              THADUKUNNU, PATHANAPURAM, KOLLAM,
              NOW RESIDING AT MOTOR PLAZA HEIGHTS,
              NH ROAD, SREEKARYAM, TRIVANDRUM, PIN-695 017.

              BY ADVS.P.HARIDAS
                      BIJU HARIHARAN
                      SHIJIMOL M.MATHEW
                      P.C.SHIJIN
                      RISHIKESH HARIDAS


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY,
              DEPARTMENT OF INDUSTRIES,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN-695 004.

     2        DIRECTOR,
              DEPARTMENT OF MINING AND GEOLOGY,
              KESAVADASAPURAM, PATTOM PALACE P.O.,
              THIRUVANANTHAPURAM, PIN-695 004.

     3        DISTRICT GEOLOGIST,
              DISTRICT OFFICE, THIRUVANANTHAPURAM,
              DEPARTMENT OF MINING AND GEOLOGY,
              KESAVADASAPURAM, PATTOM PALACE P.O.,
              THIRUVANANTHAPURAM, PIN-695 004.

              SMT.VINITHA B., SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO.27244 OF 2021
                              -2-

                           JUDGMENT

This writ petition is filed seeking directions to the

respondents to consider the application submitted by the

petitioner, as evidenced by Exts.P2 and P9.

2. The learned counsel for the petitioner submits that,

though Ext.P12 was issued by the Director requiring the

Geologist to consider the application submitted by the

petitioner, after hearing the parties, no further steps have

been taken.

3. The learned Government Pleader submits that

pursuant to Ext.P12, hearing had been scheduled on several

occasions, but the petitioner was not present. It is submitted

that a hearing is now scheduled to 21.01.2022 and that if the

petitioner is present at the hearing with all relevant records,

the matter will be considered and appropriate decision to be

taken without delay.

In the above view of the matter, there will be a direction

to the respondents to take up Exts.P2 and P9 applications and

to conduct hearing on 21.01.2022 as directed in Ext.P12 or as

any later convenient date, which shall be duly intimated to W.P.(C) NO.27244 OF 2021

the petitioner and to take an appropriate decision in the

matter, without any delay, at any rate, within two months

from the date of receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE bpr W.P.(C) NO.27244 OF 2021

APPENDIX PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, DATED 03.04.2018.

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 26.09.2018.

EXHIBIT P3 TRUE COPY OF THE COVERING LETTER DATED 26.09.2018.

EXHIBIT P4 TRUE COPY OF THE FEE RECEIPT DATED 27.09.2018.

EXHIBIT P5 TRUE COPY OF THE LETTER OF INTENT DATED 13.07.2018.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP(C)NO.4281/2019 DATED 29.03.2019.

EXHIBIT P7 TRUE COPY OF THE LETTER OF THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, DATED 29.06.2019.

EXHIBIT P8 TRUE COPY OF THE COMMUNICATION OF 3RD RESPONDENT DATED 19.09.2019.

EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 02.12.2019.

EXHIBIT P10 TRUE COPY OF THE SURVEY PLAN DATED 02.12.2019.

EXHIBIT P11 TRUE COPY OF THE COVERING LETTER DATED 02.12.2019.

EXHIBIT P12 TRUE COPY OF THE LETTER DATED 22.06.2020 OF THE 3RD RESPONDENT ADDRESSED TO 2ND RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 19.11.2020.

EXHIBIT P14 TRUE COPY OF THE LETTER OR PETITIONER TO THE 2ND RESPONDENT DATED 17.06.2021.