Sajimon Abraham vs District Geologist
2023 Latest Caselaw 1959 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                          WP(C) NO. 3723 OF 2023
PETITIONER:

              SAJIMON ABRAHAM
              AGED 52 YEARS
              PALAKKATTU HOUSE KIDANGOOR P.O KOTTAYAM DISTRICT,
              PIN - 686572

              BY ADVS.
              SHAJI THOMAS
              MOHAN PULIKKAL
              JEN JAISON



RESPONDENTS:

     1        DISTRICT GEOLOGIST
              OFFICE OF MINING AND GEOLOGY DEPARTMENT, COLLECTORATE P.O
              KOTTAYAM, PIN - 686002

     2        THE DEPUTY SECRETARY (APPELLATE AUTHORITY UNDER KERALA
              MINOR MINERAL CONCESSION RULE 2015)
              INDUSTRIES DEPARTMENT THIRUVANANTHAPURAM-, PIN - 695003

              SRI.APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3723 OF 2023                    2




                                   JUDGMENT

Dated this the 3rd day of February, 2023

This writ petition is filed seeking the following reliefs:-

(i) to issue a writ of certiorari or any other writ, order or direction quashing Ext.P7 order issued by the 1st respondent as the same is illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

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

as against Ext.P5, the petitioner has preferred Ext.P6 statutory

appeal before the Statutory Appellate Authority under Rule 98 of the

Kerala Minor Mineral Concession Rules, 2015 and that the appeal is

pending consideration. While so, it is submitted that Ext.P7 further

demand has been issued to the petitioner requiring him to pay the

penalty and threatening revenue recovery if the amount is not paid.

Having heard the learned Government Pleader also, I am of the

opinion that since the statutory appeal is already been preferred by

the petitioner before the 2nd respondent, the same is liable to be

considered in accordance with law. There will accordingly be a

direction to the 2nd respondent to take up Ext.P6 appeal preferred by

the petitioner and to consider and pass appropriate orders on the

same, within a period of two months from the date of receipt of a

copy of this judgment. Coercive proceedings pursuant to Ext.P7 shall

not be taken till then.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 3723/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE DEVELOPMENT PERMIT NO.

A3-52/20 DATED 21.10.2020 ISSUED BY THE BHARANANGANAM GRAMA PANCHAYATH

Exhibit P2 TRUE PHOTOCOPY OF THE ORDER NO. 343/2020-

2021/1838/DOY/ML/2020 DATED 23/10/2020 ISSUED BY THE 1ST RESPONDENT

Exhibit P3 TRUE PHOTOCOPY OF THE DEVELOPMENT PERMIT NO.

A3-BA (156187)/2021 DATED 26.07.2021 ISSUED BY THE BHARANANGANAM PANCHAYAT

Exhibit P4 TRUE PHOTOCOPY OF THE ORDER NO. NO. 452/2021-

2022/1838/DOY /ML/2020 DATED 22/12/2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P5 TRUE PHOTOCOPY OF THE DEMAND NOTICE NO.

1838/DOY/ML/2020 DATED 08/08/2022

Exhibit P6 TRUE PHOTOCOPY OF THE STATUTORY APPEAL DATED 23.08.2022 ALONG WITH THE PETITION FOR STAY FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P7 TRUE PHOTOCOPY OF THE ORDER NO.1045/2022-

23/1838/DOY/ML/2020 DATED 09.01.2023 ISSUED BY THE 1ST RESPONDENT