Hajayakumar vs State Of Kerala
2022 Latest Caselaw 9067 Ker

WP(C) No.22006/2022                     1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
             Wednesday, the 27th day of July 2022 / 5th Sravana, 1944
                            WP(C) NO. 22006 OF 2022(A)
   PETITIONERS:

      1. HAJAYAKUMAR, AGED 47 YEARS, S/O. KRISHNAN, MATHANPARAMBIL HOUSE,
         CHETHIPPUZHA VILLAGE, CHANGANASSERY TALUK, KOTTAYAM DISTRICT, PIN -
         686104.
      2. LAKSHMI B @ LAKSHMI HAJAYAKUMAR AGED 42 YEARS BUSINESS, W/O
         HAJAYAKUMAR, RESIDING AT MATHANPARAMBIL, VEROOR KARA, CHETHIPPUZHA
         VILLAGE, CHANGANASSERRY TALUK, KOTTAYAM DISTRICT. PIN - 686104

   RESPONDENTS:

      1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO
         GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001.
      2. DIRECTOR OF MINING AND GEOLOGY, OFFICE OF THE DIRECTOR OF MINING AND
         GEOLOGY, THIRUVANANTHAPURAM - 695001.
      3. DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT
         OFFICE, ARANMULA, PATHANAMTHITTA DISTRICT, PIN - 689533.
      4. SUB COLLECTOR/RDO, THIRUVALLA, OFFICE OF THE REVENUE DIVISIONAL
         OFFICER, PALIKARA ROAD, THIRUVALLA, KERALA 689101
      5. TAHSILDAR THIRUVALLA, TALUK OFFICE, THIRUVALLA, PATHANAMTHITTA. PIN
         - 689101
      6. DEPUTY TAHSILDAR, THIRUVALLA, TALUK OFFICE, PATHANAMTHITTA, PIN -
         689101.
      7. THE VILLAGE OFFICER VILLAGE OFFICE, CHANGANASSERY, PIN - 686104

        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 pass an order to directing the 7th respondent to issue
   possession certificate to the petitioners with respect to property covered
   by Ext.P6 and P8 without indicating that the property is under attachment.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.P.HARIDAS, BIJU HARIHARAN, SHIJIMOL M.MATHEW, P.C.SHIJIN & RISHIKESH
   HARIDAS, Advocates for the petitioners and of GOVERNMENT PLEADER for
   respondents, the court passed the following:
 WP(C) No.22006/2022                           2/3




                                   N.NAGARESH, J
                      ---------------------------------------------
                              W.P(C)No.22006 of 2022
                  ------------------------------------------------------
                        Dated this the 27th day of July, 2022.

                                        ORDER

The Government Pleader to get instructions as to

whether there is any decision to proceed against Ext.P8

property of the petitioner. The Government Pleader to get

further instructions whether Ext.P9 appeal filed by the

petitioner has been received.

Post on 04.08.2022, till which date, there shall not be

any coercive proceedings against Ext.P8 property of the

petitioner.

Sd/-

N.NAGARESH JUDGE smm

Handover

27-07-2022 /True Copy/ Assistant Registrar WP(C) No.22006/2022 3/3

APPENDIX OF WP(C) 22006/2022 Exhibit P8 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23.06.2022 Exhibit P9 TRUE COPY OF THE APPEAL FILED UNDER RULE 98 OF THE KERALA MINOR MINERAL CONCESSION RULES, 2015, BEFORE DEPUTY SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES DATED 11/07/2022 Exhibit P6 True Copy of the judgment of this Hon'ble Courtin WP(C)3558/2022 dated 10/6/2022