Kerala High Court
K.J.Abraham vs Geologist on 23 April, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.16342/2024 1/3 Order Date : 23-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 23rd day of April 2024 / 3rd Vaisakha, 1946
WP(C) NO. 16342 OF 2024
PETITIONER:
K.J.ABRAHAM, AGED 75 YEARS, S/O. JOSEPH, KALAMANNIL HOUSE,
KOZHENCHERY P.O., PATHANAMTHITTA DISTRICT, PIN - 689641
RESPONDENTS:
1. GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
COLLECTORATE P.O., KOTTAYAM DISTRICT, PIN - 686002
2. TAHASILDAR MEENACHIL TALUK, MINI CIVIL STATION, PALA P O, KOTTAYAM
DISTRICT, PIN - 686575
3. TALUK SURVEYOR MEENACHIL TALUK, PALA P O, KOTTAYAM DISTRICT, PIN -
686575
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 stay further proceedings pursuant to exthibit.p22 order issued
by the 1st respondent, pending disposal of this writ petition (civil)
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.JESTIN MATHEW Advocate, for the petitioner, the court passed the
following:
WP(C) No.16342/2024 2/3 Order Date : 23-04-2024
N. NAGARESH, J
------------------------------------------------
W.P.(C).No.16342 of 2024
------------------------------------------------------
Dated this the 23rd day of April, 2024
ORDER
Admit.
2. Government Pleader takes notice for the respondents and
seeks time to file counter affidavit.
3. In the meanwhile, if the petitioner remits an amount of 50% of
the amount due within a period of one month from today,
coercive proceedings, if any, initiated against the petitioner
shall stand deferred till 23.05.2024.
4. Petitioner shall appear before the authority on 29.04.2024 as
directed in Ext.P22.
Post on 23.05.2024.
sd/-
N.NAGARESH
JUDGE
AMV/23/04/2024
WP(C) No.16342/2024 3/3 Order Date : 23-04-2024
APPENDIX OF WP(C) 16342/2024
Exhibit P1 A TRUE COPY OF THE QUARRYING PERMIT BEARING
NO.10/GBS/QP/2018-19/DOY/ML/2018 DATED 20/07/2018
ISSUED BY THE RESPONDENT GEOLOGIST
Exhibit P2 A TRUE COPY OF THE SHOW CAUSE NOTICE BEARING NO.
1797/DOY/ML/2019 DATED 07/05/2022 ISSUED BY THE 1ST
RESPONDENT GEOLOGIST
Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 11/05/2022
SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P4 A TRUE COPY OF THE DEMAND NOTICE BEARING
NO.1797/DOY/ML/2019 DATED 02/06/2022
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 04/07/2022 IN WPC
20841/2022 OF THIS HONOURABLE COURT
Exhibit P6 A TRUE COPY OF THE LETTER DATED 18/12/2019 ISSUED BY
THE 2ND RESPONDENT TAHASILDAR, TO THE 1ST RESPONDENT
GEOLOGIST
Exhibit P7 A TRUE COPY OF THE LETTER DATED 23/07/2020 ISSUED BY
THE 2ND RESPONDENT TAHASILDAR
Exhibit P8 TRUE COPY OF THE REPLY DATED 20/07/2022 SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT GEOLOGIST
Exhibit P9 A TRUE COPY OF THE NOTICE DATED 26/09/2022 ISSUED BY
THE 1ST RESPONDENT GEOLOGIST
Exhibit P10 A TRUE COPY OF THE REPLY DATED 10/10/2022 SUBMITTED
BEFORE THE 1ST RESPONDENT GEOLOGIST
Exhibit P11 A TRUE COPY OF THE ORDER
NO.782/2022-23/1797/DOY/ML/2019 DATED 02/11/2022 ISSUED
BY THE 1ST RESPONDENT GEOLOGIST
Exhibit P12 A TRUE COPY OF THE NOTICE DATED 28/04/2022
Exhibit P13 A TRUE COPY OF THE JUDGMENT DATED 04.12.2023 IN WPC
NO.38678/ 2022& CONNECTED CASE WPC NO.29315/2023
Exhibit P14 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 08.02.2024
ISSUED BY THE 1ST RESPONDENT
Exhibit P15 A TRUE COPY OF THE LETTER DATED 31.01.2024 OF THE
TAHASILDAR TO THE GEOLOGIST
Exhibit P16 A TRUE COPY OF THE REPORT DATED 22.01.2024 OF THE TALUK
SURVEYOR
Exhibit P17 A TRUE COPY OF THE SKETCH DATED 22.01.2024 PREPARED BY
THE TALUK SURVEYOR
Exhibit P18 A TRUE COPY OF THE QUARRYING PERMIT DATED 12.04.2017
ISSUED TO SRI. K.J. ABRAHAM, MANAGING PARTNER, PV
GRANITES
Exhibit P19 A TRUE COPY OF THE JUDGMENT DATED 21/02/2024 IN WP(C)
NO. 6660/2024 OF THIS HONOURABLE COURT
Exhibit P20 A TRUE COPY OF THE HEARING NOTICE DATED 02/03/2024
ISSUED BY THE 1ST RESPONDENT
Exhibit P21 . A TRUE COPY OF THE ARGUMENT NOTE DATED 02/05/2024
SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT
Exhibit P22 A TRUE COPY OF ORDER NO. 26/2024-25/DOKOT-DMG/902/2023-
M DATED 19/04/2024
Exhibit P22(a) A TRUE COPY OF THE DATA SHEET DATED 19/04/2024 ISSUED
BY THE 1ST RESPONDENT
