Kerala High Court
T.M.Vasu vs The Geologist on 11 June, 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
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WP(C) NO. 30340 OF 2016
PETITIONER:
T.M.VASU, AGED 54 YEARS
THONNAMMAKKIL, KURICHITHANAM P.O.KOTTAYAM.
BY ADV SRI.B.KRISHNA MANI
RESPONDENTS:
1 THE GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY
GOVERNMENT OF KERALA,
DISTRICT OFFICE KOTTAYAM-686002.
2 V.K.SANTHOSH
VALLOMKUZHIYIL HOUSE, VALAVOOR P.O., PALA,
KOTTAYAM-686575.
ADDL. R2 IMPLEADED AS PER ORDER DATED 26-09-2016
IN I.A. 14762/16
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).30340/2016
2
P. V. KUNHIKRISHNAN, J.
-------------------------------------------
W.P(C).No.30340 of 2016
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Dated this the 11th day of June, 2024
JUDGMENT
The above Writ Petition is filed with the following prayers:
i) Call for records leading to Ext. P4 and quash the
same by a writ of certiorari or any other appropriate
direction or order.
ii) Issue an appropriate order or direction directing
the respondent not implement Ext.P4 in any manner.
iii) Stay all further proceedings pursuant to Ext.P4
until the disposal of the Writ Petition.
iv) Award costs
and
v) Any other reliefs this Hon'ble Court deems fit.
[SIC]
2. The impugned order in this Writ Petition is Ext.P4.
Ext.P4 is an appealable order as per Rule 98 of the Kerala Minor
Mineral Concession Rules, 2015.
W.P(C).30340/2016
3. When this Writ Petition came up for consideration, this
Court stayed the proceeding consequent to Ext.P4. Since the
petitioner has got a remedy of appeal as per Rule 98(1)(a) of the
Kerala Minor Mineral Concession Rules, 2015, I think this Writ
Petition need not be retained. This Writ Petition is in the defect list
because service to the additional 2nd respondent is not complete.
There can be a direction to the appellate authority to hear the
additional 2nd respondent also before passing final orders.
Therefore, this Writ Petition is disposed of with the following
directions:
(a) The petitioner is free to file an appeal
against Ext.P4 before the appellate authority as per the
Kerala Minor Mineral Concession Rules, 2015 within 30
days from today.
(b) If such an appeal is received, the appellate
authority will consider the same and pass appropriate
orders, after giving an opportunity of hearing to the
petitioner and the additional 2nd respondent.
(c) I make it clear that, if no appeal is received
as directed above, the authority concerned can proceed
in accordance with law.
W.P(C).30340/2016
(d) If any appeal is filed, the time during which
this Writ Petition was pending before this Court will be
excluded while calculating the question of limitation.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
W.P(C).30340/2016
APPENDIX OF WP(C) 30340/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DEED DATED 13-09-1994.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED
14/06/2016 FROM THE GEOLOGIST.
EXHIBIT P3 TRUE COPY OF THE OBJECTIONS DATED
5/7/2016.
EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE DATED
29/8/2016 FROM THE GEOLOGIST.
RESPONDENT EXHIBITS
EXHIBIT R1(A) THE TRUE COPYH OF THE REPORT RECEIVED
FROM THE OFFICE OF THE TAHSILDAR,
MEENACHIL DATED 18.1.2016
