Anees vs The District Collector
2024 Latest Caselaw 9685 Ker

Kerala High Court

Anees vs The District Collector on 4 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                        WP(C) NO. 13764 OF 2024
PETITIONER:

          ANEES,AGED 45 YEARS,SON OF KASIM K, MANGALODEN, ARALAM
          P.O., KALARIKKADU, PAYAM, KANNUR PRESENTLY RESIDING AT
          SANAYYA, STREET NO.57, RAYYAN, POST BOX NO.349, QATAR
          REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ANILKUMAR
          M, SON OF NARAYANAKURUP, AGED 38 YEARS, NARAYANATH
          PERUMPARAMB, IRUTTI POST, PAYAM, KANNUR DISTRICT (OWNER
          OF TIPPER LORRY BEARING REGISTRATION NO.KL-78-A-6012),
          PIN - 670704

          BY ADVS.
          P.M.ZIRAJ
          IRFAN ZIRAJ
          NAGY P.L.


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          KANNUR, COLLECTORATE ROAD, THAVAKKARA, KANNUR DISTRICT,
          PIN - 670002

    2     THE SUB DIVISIONAL MAGISTRATE/ REVENUE DIVISIONAL
          OFFICER (R.D.O.)
          THALASSERY, KANNUR DISTRICT,, PIN - 670101

    3     THE INSPECTOR OF POLICE
          MUZHAKKUNNU POLICE STATION, KANNUR RURAL, PIN - 670703

    4     THE DIRECTOR
          MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY,
          KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM, PIN -
          695001


OTHER PRESENT:

          GP - AJITH VISWANATHAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.13764 of 2024               2

                         VIJU ABRAHAM,J
                      -------------------
                   W.P.(C).No.13764 of 2024
              ----------------------------------
             Dated this the 4th day of April, 2024

                                JUDGMENT

Petitioner has approached this Court seeking a

direction to the 1st respondent to dispose of

Ext.P4 revision petition filed under Section 23B

of the Kerala Protection of River Banks and

regulation of Removal of Sand Act, 2001 filed

challenging Ext.P3 proceedings of the Sub

Divisional Magistrate.

2. Heard the learned Government Pleader also.

After hearing both sides, I am inclined to

dispose of the writ petition with a direction to

the 1st respondent to take up Ext.P4 revision

petition and dispose of the same within an outer

limit of two months from the date of receipt of a

copy of the judgment. The 1 st respondent shall take

up the stay petition and pass orders on the same

within a period of 2 weeks from today. Till the

stay petition is considered and disposed of

further proceedings pursuant to Ext.P3 shall

remain stayed.

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF WP(C) 13764/2024

PETITIONER'S EXHIBITS

Exhibit p1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.794/2022 OF MUZHAKUNNU POLICE STATION

Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 21.3.2023 IN WPC NO.6123 OF 2023

Exhibit P3 TRUE COPY OF ORDER NO.RDOTLY/27/2023-G. DATED 16.2.2024 PASSED BY THE SECOND RESPONDENT

Exhibit P4 TRUE COPY OF THE REVISION PETITION DATED 20.3.2024 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT WITHOUT ANNEXURE ALONG WITH STAY PETITION

Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF FIRST RESPONDENT DATED 22.03.2024