Haris P.P vs The State Of Kerala
2024 Latest Caselaw 16011 Ker

Kerala High Court

Haris P.P vs The State Of Kerala on 7 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
        FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                        WP(C) NO. 20489 OF 2024
PETITIONER:

            HARIS P.P.
            AGED 50 YEARS
            S/O.ABOOBACKER, PUTHANPEEDIKEKKAL HOUSE, NILAMBUR,
            MALAPPURAM DISTRICT, PIN - 679329
            BY ADVS.
            BABU S. NAIR
            SMITHA BABU


RESPONDENTS:

    1       THE STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
            DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
            TRIVANDRUM, PIN - 695001
    2       THE DISTRICT GEOLOGIST
            DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION,
            MANJERI, MALAPPURAM DISTRICT, PIN - 676121
    3       THE NILAMBUR MUNICIPALITY
            REPRESENTED BY ITS SECRETARY, NILAMBUR P.O., MALAPPURAM
            DISTRICT, PIN - 679329

            BY ADV. AJITH VISWANATHAN - GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No. 20489 of 2024
                              ..2..




                     J U D G M E N T

Dated this the 7th day of June, 2024

Petitioner is aggrieved by the demand raised in

Ext P4 notice, wherein, a penalty to the tune of

Rs.30,00,000/- is multed on the petitioner.

Petitioner preferred Ext.P5 appeal before the 1st

respondent - appellate authority. He seeks

expeditious disposal of the same.

2. Heard the learned counsel for the petitioner,

learned Government Pleader on behalf of

respondents 1 & 2 and learned Standing Counsel on

behalf of the 3rd respondent/Muncipality.

3. The limited relief sought for by the

petitioner is only to be allowed. Accordingly,

there will be a direction to the 1st respondent to

..3..

consider and pass orders in Ext.P5 appeal

expeditiously, at any rate within a period of

three months from today(07.06.2024). The

petitioner will produce a copy of this judgment

before the 1st respondent immediately. Respondents

will ensure that no coercive steps are taken,

until the appeal is disposed of.

The Writ Petition (Civil) is disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE TR

..4..

APPENDIX OF WP(C) 20489/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED BY THE 3RD RESPONDENT DATED, 23-2-2023 Exhibit P2 A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED, 3-1-2024 Exhibit P3 A TRUE COPY OF THE CHALAN SHOWING THE REMITTANCE OF RS.4,45,068/- DATED, 26- 12-2023 Exhibit P4 A TRUE COPY OF THE NOTICE/ORDER ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED, 20-3-2024 Exhibit P5 A TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER DATED, 17-5-2024 BEFORE THE FIRST RESPONDENT