Jayakumari vs State Of Kerala
2022 Latest Caselaw 8809 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                        WP(C) NO. 22182 OF 2022
PETITIONER

             JAYAKUMARI
             AGED 49 YEARS
             W/O.SUKUNATH, SUJITH COTTAGE, PULIMOODU, THOLICODE P.O.,
             NEDUMANGAD, THIRUVANANTHAPURAM - 695 541.
             BY ADVS.
             K.K.DHEERENDRAKRISHNAN
             N.P.ASHA


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.
     2       THE DISTRICT COLLECTOR
             COLLECTORATE, CIVIL STATION BUILDING,
             THIRUVANANTHAPURAM - 695 043.
     3       THE GEOLOGIST
             MINING AND GEOLOGY DEPARTMENT,
             THIRUVANANTHAPURAM - 695 001.
     4       THE THASILDAR
             TALUK OFFICE, NEDUMANGADU, THIRUVANANTHAPURAM - 695 541.
     5       THE VILLAGE OFFICER
             VILLAGE OFFICE, THOLICODE VILLAGE,
             THIRUVANANTHAPURAM - 695 541.
     6       THE STATION HOUSE OFFICER
             VITHURA POLICE STATION, VITHURA,
             THIRUVANANTHAPURAM - 695 551.


             SRI.SYAMANTHAK B S, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.22182 OF 2022
                                  2




                            JUDGMENT

Dated this the 7th day of July, 2022

The petitioner, who is in possession of 35 Cents of property

in Tholicode Village in Thiruvananthapuram District, has

approached this Court seeking to direct the 3 rd respondent to

consider Ext.P7 expeditiously within a time frame.

2. The petitioner states that the petitioner holds 35 Cents

of property. On 09.04.2022, due to heavy rain, a high level slope

adjacent to the petitioner's property collapsed and the debris

accumulated near and over the petitioner's house. The earth and

debris are to be removed and the petitioner obtained Transit Pass

under Rule 20 of the Kerala State Minerals (Prevention of Illegal

Mining, storage and Transportation) Rules, 2009

3. Subsequently, Ext.P6 Show Cause Notice has been

issued upon the petitioner by the Senior Geologist alleging that the

petitioner has transported minerals, more than the permitted

quantity. The petitioner states that the petitioner has submitted WP(C) NO.22182 OF 2022

Ext.P7 reply to Ext.P6 notice. Unless a decision is taken by the

Senior Geologist, taking into consideration Ext.P7 reply, the

petitioner will be put to untold hardship and loss.

4. Government Pleader entered appearance and

controverted all the material allegations made by the petitioner in

the writ petition. The Government Pleader pointed out that Ext.P6

is only a Show Cause Notice and a decision will be ordinarily taken

only after considering the objections of the respondents. The

Senior Geologist can consider Ext.P7 reply, if it is received by

him.

In view of the facts as stated above, the writ petition is

disposed of directing the 3rd respondent to consider Ext.P6 notice

and Ext.P7 reply and bring the proceedings to its logical

conclusion. A decision in this regard shall be taken within a period

of one month.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.22182 OF 2022

APPENDIX OF WP(C) 22182/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOGRAPHS SHOWING THE DAMAGE CAUSED TO THE PETITIONER'S PROPERTY.

Exhibit P2 TRUE COPY OF THE REPORT BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED 13/4/2022.

Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT NO.114/2022-23/1174/DOT/EM/2022 DATED 4/5/2022.

Exhibit P3A TRUE COPY OF THE CHALLAN OF AMOUNT DEPOSITED BY THE PETITIONER OF RS.22,000/- DATED 29/4/2022.

Exhibit P4 TRUE COPY OF COMPLAINT DATED 19/5/2022 SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH POSTAL RECEIPT.

Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 3/6/2022 IN WP(C) NO.17379/2022 OF THIS HONOURABLE COURT.

Exhibit P6 TRUE COPY OF THE NOTICE DATED 17/6/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 22/6/2022.