Kerala High Court
Sreedharan.T @ Appu vs State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 4256 OF 2024
PETITIONER:
SREEDHARAN.T @ APPU
AGED 54 YEARS
S/O VELU, RESIDING AT THEKKANTHODI HOUSE, EDAYOOR NORTH
P.O, VIA VALANCHERRY, TIRUR TALUK, MALAPPURAM
DISTRICT,, PIN - 676552
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
MUHAMMED SWADIQ
O.MOHAMED BASIL KOYA THANGAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, INDUSTRIAL DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 THE DISTRICT COLLECTOR
MALAPPURAM DISTRICT, OFFICE AT COLLECTRATE RD, UP HILL,
MALAPPURAM, PIN - 676505
3 THE GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, MINI
CIVIL STATION MANJERI PO, MALAPPURAM DISTRICT, PIN -
676121
4 THE TAHSILDHAR
OFFICE OF THE TAHSILDHAR, TIRUR, MALAPPURAM DISTRICT,,
PIN - 676101
5 THE VILLAGE OFFICER
EDAYOOR VILLAGE OFFICE AT POOKKATTIRI-EDAYUR RD,
EDAYUR, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676552
SRI. AJITH VISWANATHAN -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 4256 of 2024 :2:
VIJU ABRAHAM , J.
===========================
WP(C) No. 4256 of 2024
============================
Dated this the 23rd day of February, 2024
JUDGMENT
Petitioner has approached this Court challenging Ext.P2 issued
by the 3rd respondent Geologist.
2. Petitioner submits that he has preferred a second appeal
before the 1st respondent as Ext.P6, and Ext.P7 stay petition was
also filed along with the same. Petitioner submits that during the 1 st
appellate stage there was a stay against recovery of the amount
demanded.
3. Heard the learned Government Pleader who upon
instructions submitted that the second appeal filed will be
considered and disposed of in accordance with law.
4. Therefore the above writ petition is disposed of as
follows:-
The 1st respondent shall take up Ext.P6 appeal and dispose of the
same within an outer limit of three months from the date of receipt
of a copy of this judgment after affording an opportunity of being
heard to the petitioner. The 1st respondent shall also take up Ext.P7
stay petition and hear the petitioner and pass orders on the same
within an outer limit of one month from the date of receipt of a copy
of this judgment. Till a decision is taken on Ext.P7 stay petition filed
by the petitioner, all further proceedings pursuant to Exts.P2 and P4
will be kept in abeyance.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
APPENDIX OF WP(C) 4256/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE QUARRYING PERMIT DATED
20.10.2000 AND VALID UP TO 19.02.2001
GRANTED IN FAVOUR OF SRI. T.T.VELU
PERMITTING TO EXTRACT 205 M.T. (METRIC
TON) OF CRUSHING STONE (GRANITE) FROM
SURVEY NO.111 OF EDAYUR VILLAGE
Exhibit P2 THE TRUE COPY OF ORDER DATED 12.10.2020 OF
THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE STATUTORY APPEAL FILED BY
THE PETITIONER DATED 04.10.2020 BEFORE THE
FIRST RESPONDENT
Exhibit P4 THE TRUE COPY OF THE ORDER GO (MS)
NO.903/2023/ID DATED 05.09.2023
Exhibit P5 THE TRUE COPY OF THE NOTICE DATED
19.12.2023 ISSUED TO THE PETITIONER
Exhibit P6 THE TRUE COPY OF THE STATUTORY SECOND
APPEAL PREFERRED BY THE PETITIONER BEFORE
THE STATUTORY APPELLATE AUTHORITY DATED
21/2/2024 (WITHOUT DOCUMENTS)
Exhibit P7 THE TRUE COPY OF THE STAY PETITION
PREFERRED BY THE PETITIONER BEFORE THE
STATUTORY APPELLATE AUTHORITY DATED
21/2/2024
