Kerala High Court
Aravindakshan P vs The Additional Tahsildar on 21 May, 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 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 15760 OF 2016
PETITIONER:
ARAVINDAKSHAN P.
AGED 59 YEARS, S/O.GOPALAN NAIR,
POTTANATE HOUSE, AYYAPPANKAVU (PO), MULAYAM,
THRISSUR DISTRICT.
BY ADV SRI.JOBI JOSE KONDODY
RESPONDENT:
THE ADDITIONAL TAHSILDAR
TALUK OFFICE, CHEMPOOKAVU (PO),
THRISSUR-680 020.
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.15760/2016
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.15760 of 2016
----------------------------------------------
Dated this the 21st day of May, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. Call for the records relating to Exhibit P16 order
and issue a writ of certiorari and quash the same;
ii. Issue a writ of mandamus directing the
respondent to defer Exhibit P16 till a final
decision is taken by the competent civil court and
quantification if any against the petitioner in
Exhibit P14 suit;
iii. Issue such other reliefs which this Honourable
Court may deems fit and appropriate in the facts
and circumstances of this case.
(SIC)
2. When this writ petition came up for consideration
on 26.04.2016, this Court passed the following order :
"Petitioner submits that the bank guarantee has
been encashed. In that view of the matter, there
shall be an interim order as prayed for, for one
month."
3. The above order was extended until further orders
on 24.06.2016. The interim order is to the effect that Ext.P16
will be stayed and deferred till the Munsiff's Court, Thrissur
passes final order in Ext.P14 suit. Now the counsel for the
petitioner submitted that the suit is still pending and the trial
is going on. If that be the case, the interim order can be
retained and the writ petition can be closed.
Therefore this writ petition is closed, retaining the order
dated 26.04.2016.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 15760/2016
PETITIONER EXHIBITS
P1 : A TRUE COPY OF THE QUARRYING LEASE
DATED 19-1-2011 EXECUTED BY THE
PETITIONER AND THE GOVERNMENT OF
KERALA.
P2 : A TRUE COPY OF THE PROCEEDINGS FOR THE
QUARRYING PERMIT DATED 11-12-1995 VIDE
NO.100/95-95/MM/GS/ROC/352/E2/95
ISSUED BY THE GEOLOGIST, THRISSUR TO
THE PETITIONER.
P3 : A TRUE COPY OF THE QUARRYING PERMIT
DATED 5-3-2007 BY THE GEOLOGIST,
THRISSUR TO THE PETITIONER TO MINE AND
EXTRACT BUILDING STONES FROM PROPERTY
COMPRISED IN 147/1250/1P OF OLLUKKARA
VILLAGE IN THRISSUR TALUK OF THRISSUR
DISTRICT VALID UPTO 25-4-2007.
P4 : A TRUE COPY OF THE QUARRYING PERMIT
DATED 7-12-2009 ISSUED BY THE
GEOLOGIST, THRISSUR TO THE PETITIONER
VALID UPTO 6-12-2010 FOR MINING
BUILDING STONES FROM 9.72 ARES OF LAND
COMPRISED IN SURVEY NO.147/1250/1 OF
OLLUKKARA VILLAGE IN THRISSUR TALUK OF
THRISSUR DISTRICT.
P5 : A TRUE COPY OF THE ACKNOWLEDGEMENT FOR
RECEIPT OF MONEY DATED 20-7-1995 PAID
BY THE PETITIONER BY WAY OF
COMPOUNDING UNDER RULE 60-A OF THE
KERALA MINOR MINERAL CONSESSION RULES
1967.
P6 : A TRUE COPY OF THE RECEIPT DATED 30-3-
1998 ISSUED BY THE GEOLOGIST, THRISSUR
TO THE PETITIONER.
P7 : A TRUE COPY OF THE RECEIPT DATED 14-4-
1998 ISSUED BY THE GEOLOGIST, THRISSUR
TO THE PETITIONER.
P8 : A TRUE COPY OF THE RECEIPT DATED 5-3-
2007 ISSUED BY THE GEOLOGIST,
THRISSUR, TO THE PETITIONER EVIDENCING
PAYMENT OF COMPOUNDING FEE UNDER RULE
60-A OF THE KERALA MINOR MINERAL
CONCESSION RULES, 1967
P9 : A TRUE COPY OF THE RECEIPT DATED 2-5-
2011 ISSUED BY THE GEOLOGIST, THRISSUR
TO THE PETITIONER.
P10 : A TRUE COPY OF THE DEMAND NOTICE DATED
17-10-2014 ISSUED BY THE GEOLOGIST,
THRISSUR TO THE PETITIONER.
P11 : A TRUE COPY OF THE COMMON JUDGMENT
DATED 24-11-2014 IN WPC.NO. 28018 OF
2014 PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HONOURABLE COURT.
P12 : A TRUE COPY OF THE BANK QUARANTEE
DATED 13-1-2015 HAVING VALIDITY UPTO
12-1-2016 FURNISHED BY THE PETITIONER
BEFORE THE GEOLOGIST, THRISSUR THROUGH
THE STATE BANK OF TRAVANCORE.
P13 : A TRUE COPY OF THE PROCEEDINGS OF THE
DIRECTOR, MINING AND GEOLOGY DATED 3-
3-2015.
P14 : A TRUE COPY OF THE PLAINT FILED BY THE
PETITIONER BEFORE THE MUNSIFF COURT,
THRISSUR IN OS NO.3602 OF 2015.
P15 : A TRUE COPY OF THE JUDGMENT DATED 10-
4-2015 IN WPC.NO.12259 OF 2015 PASSED
BY THIS HONOURABLE COURT.
P16 : A TRUE COPY OF THE PROCEEDINGS DATED
7-1-2016 OF THE RESPONDENT.
