V.M. Roy vs Ayavana Grama Panchayat
2024 Latest Caselaw 10643 Ker

Kerala High Court

V.M. Roy vs Ayavana Grama Panchayat on 11 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                           WP(C) NO. 22795 OF 2016
PETITIONER:

              V.M. ROY
              VELLORKKOT, ENANALLOOR PO, KALAMPUR, MUVATTUPUZHA,
              ERNAKULAM DISTRICT.

              BY ADVS.
              SRI.K.JAJU BABU (SR.)
              SRI.BRIJESH MOHAN
              SMT.M.U.VIJAYALAKSHMI



RESPONDENTS:

     1        AYAVANA GRAMA PANCHAYAT
              AYAVANA PO, ERNAKULAM DISTRICT, PIN-686 676,
              REPRESENTED BY ITS SECRETARY.

     2        THE GEOLOGIST
              DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE
              ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI-682 030.

     3        THE REVENUE DIVISIONAL OFFICER
              MUVATTUPUZHA-686 661.

     4        THE ADDITIONAL TAHSILDAR
              TALUK OFFICE, MUVATTUPUZHA-686 661.

              BY ADVS.
              SRI.RIYAL DEVASSY, GP
              SRI.P.T.ABHILASH
              SRI.BABU JOSEPH KURUVATHAZHA




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22795 OF 2016


                                 2


              P.V.KUNHIKRISHNAN, J.
          --------------------------------------------
              W.P.(C) No.22795 of 2016
         ----------------------------------------------
       Dated this the 11th day of April, 2024

                          JUDGMENT

The above writ petition is filed with the following

prayers:

"i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exhibit P7 & P8 and quash the same;

ii) Issue such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;" SIC

2. The writ petition is filed mainly challenging

Ext.P7 order. A reading of Ext.P7 would show that it is

only a notice issued to the petitioner directing to

produce documents to substantiate his case. WP(C) NO. 22795 OF 2016

3. When this writ petition came up for

consideration on 07.07.2016, this Court passed an

order staying Ext.P7 and P8 and the interim order was

extended until further orders on 06.09.2016. Since,

Ext.P7 is only a notice, the petitioner can be allowed to

submit his explanation to Ext.P7, within a time frame

and the authority concerned can decide the matter

and pass appropriate orders. Since Ext.P7 is only a

notice, Ext.P8 demand can be quashed.

Therefore, this writ petition is disposed of with

the following directions:

(i) Ext.P8 is set aside.

(ii) The petitioner is free to submit his explanation

with supporting documents to Ext.P7 before the WP(C) NO. 22795 OF 2016

2nd respondent, within a period of two months

from the date of receipt of a copy of this

judgment.

(iii) Once such an explanation is received, the 2nd

respondent will consider the same and pass

appropriate orders in it, after giving an

opportunity of hearing to the petitioner, as

expeditiously as possible, at any rate, within a

period of three months from the date of receipt of

the explanation.

(iv) All further proceedings based on Ext.P7 shall be

kept in abeyance till final orders are passed, as

directed above. Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 22795 OF 2016

APPENDIX OF WP(C) 22795/2016

PETITIONER EXHIBITS

P1 : COPY OF THE QUARRYING PERMIT NO.38/12- 13/MM/GS/CRPS/DOE/2184/E2/12 DATED 4-6-2012 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

P2 : COPY OF THE ORDER NO.A5-1187/12 DATED 16-7-2012 ISSUED BY THE 1ST RESPONDNET TO THE PETITIONER.

P3 : COPY OF THE ORDER NO.A12/7776/12 DATED 9-4-2013 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.

P4 : COPY OF THE QUARRYING PERMIT NO.108/14- 15/MM/GS/CRPS/DOE/2975/E2/13 DATED 8-10-2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

P5 : COPY OF THE JUDGMENT DATED 4-11-2014 IN WPC.NO.13539/2013 OF THIS HON'BLE COURT.

P6 : COPY OF THE ORDER NO.A2-3604/14 DATED 15-12-2014 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

P7 : COPY OF THE DEMAND NOTICE VIDE NO.

DOE/5082/D2/15 DATED 3-5-2016 ISSUED BY 2ND RESPONDENT TO THE PETITIONER.

P8 : COPY OF THE CHALAN RECEIPT ISSUED BY THE 5TH RESPONDENT FOR AN AMOUNT OF RS. 2,27,700/- TOWARDS SENIORAGE RATE OF THE GRANITES STONES QUARRIED FROM 8-10-2014.

WP(C) NO. 22795 OF 2016

P9 : COPY OF THE COMMUNICATION NO.C-

1754/98/C4 DATED 19-7-2013 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS           :       NIL


                          //TRUE COPY//


                           PA TO JUDGE