Kerala High Court
K M Muneer vs State Of Kerala on 17 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 15542 OF 2022
PETITIONER:
K M MUNEER,
AGED 49 YEARS,
S/O.MUHAMMED, RESIDING AT KALLUNGAL HOUSE,
THAIKKATTUKARA P.O., ALWAYE, ERNAKULAM-683 106.
BY ADVS.
S.SREEKUMAR (KOLLAM)
K.VIJAYAN
M.SREERANGA NADHAN
PRIYA SHANAVAS
SALMATH A.
A.MOHAMMED ANAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
INDUSTRIES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE DIRECTOR,
MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN-695 004.
3 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD-678
001.
4 THE VILLAGE OFFICER,
PUTHUCODE, PALAKKAD-678 687.
SRI.ASHWIN SETHUMADHAVAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) NO.15542 OF 2022 2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.15542 of 2022
==================
Dated this the 17th day of June, 2022
JUDGMENT
The above writ petition is filed seeking the following prayer:
"i) To issue a writ of mandamus, order or
direction to the 1st respondent to dispose of the appeal
submitted by the petitioner vide Exhibit-P2 within a time
frame by this Hon'ble Court."
2. When this writ petition came up for consideration, the
learned counsel for the petitioner submitted that he will be satisfied
if a direction is issued to the 1 st respondent to dispose of Ext.P2
appeal within a time frame and till then the interim order already
granted by this Court may be extended.
3. I have heard the learned counsel for the petitioner and the
learned Government Pleader.
4. I think the prayer in the writ petition can be allowed.
When this writ petition came up for consideration on 10.05.2022,
this Court passed the following order:
"Admit.
The learned Government Pleader takes notice
for the respondents.
Respondents to file their counter
affidavit/statement within three weeks.
There will be an interim stay of recovery
pursuant to Ext.P5 notice for a period of one month."
5. In the light of the same, I think there can be a direction to
consider Ext.P2 appeal by the 1st respondent and till then all
coercive steps based on Ext.P5 can be kept in abeyance.
In the result, this writ petition is disposed of with the
following directions:
i) The 1st respondent is directed to
consider and pass appropriate order on Ext.P2
as expeditiously as possible, at any rate
within three months from the date of receipt
of a copy of this judgment, after giving an
opportunity of hearing to the petitioner.
ii) Till final orders are passed by the 1 st
respondent, all further proceedings
consequent to Ext.P5 are deferred.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DSV/18.06.2022
APPENDIX OF WP(C) 15542/2022
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE SURVEY SKETCH ISSUED
BY THE PUTHUCODE VILLAGE OFFICER.
Exhibit P2 THE TRUE COPY OF THE APPEAL FILED BEFORE
THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE DELAYERS LICENSE NO.29/
2021-22/DL/GBS/DOP/1427/2021/A1 DATED
22.07.2021.
Exhibit P4 TRUE COPY OF THE CONSENT RENEWAL OF THE
KERALA STATE POLLUTION CONTROL BOARD (PCB)
DATED 15.05.2020.
Exhibit P5 THE TRUE COPY OF THE AUCTION NOTICE ISSUED
BY THE 4TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WPC
NO.35495/2019 DATED 20.12.2019.
RESPONDENT'S EXHIBITS: NIL
