Kerala High Court
Abdul Rasak .M vs The State Of Kerala on 22 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 22ND DAY OF MAY 2024/1ST JYAISHTA, 1946
WP(C) NO.18275 OF 2024
PETITIONERS:
1 ABDUL RASAK.M, AGED 60 YEARS, S/O.KOYA,
KOTTALAMATHIL HOUSE, PUTHUKOD P.O,
MALAPPURAM DISTRICT, PIN - 673633.
2 NASEERA, AGED 48 YEARS, W/O.ABDUL RASAK,
KOTTALAMATHIL HOUSE, PUTHUKOD P.O,
MALAPPURAM DISTRICT, PIN - 673633.
BY ADVS.
T.P.SAJID
SHIFA LATHEEF
MUHAMMED HAROON A.N.
HASHARURAHIMAN U.
MOHEMED FAVAS
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED THE DEPUTY SECRETARY,
DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE GEOLOGIST, DISTRICT OFFICE,
MINING AND GEOLOGY DEPARTMENT, MINI CIVIL STATION,
MANJERI, MALAPPURAM DISTRICT, PIN - 676121.
3 THE SECRETARY, VAZHAYOOR GRAMA PANCHAYAT,
KARADU PARAMBU P.O,
MALAPPURAM DISTRICT, PIN - 673632
BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C) No.18275 of 2024
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JUDGMENT
Dated, this the 22nd May, 2024
Having regard to the limited relief, which is
proposed to be granted in this writ petition, notice
to the 3rd respondent is dispensed with.
2. Heard the learned counsel for the petitioners and
the learned Government Pleader for respondents 1
and 2.
3. Learned counsel for the petitioners would submit
that Ext.P5 permit issued in favour of petitioners
for removal of soil has been cancelled by the
District Collector as per Ext.P7 order dated
06.05.2024. Aggrieved thereby, the petitioners
preferred Ext.P9 appeal before the 1st respondent.
The limited relief sought for by the petitioners is
for a consideration of Ext.P9 appeal within a time
frame to be fixed by this Court and to stay the
operation of Ext.P7, as also, coercive steps, if any
therefrom, until the appeal is disposed of.
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4. As against the above submission, learned
Government Pleader submits that the request for stay
can be made before the appellate authority by filing
necessary application before the 1st respondent.
5. Having heard the learned counsel appearing on
both sides, this Court is inclined to allow this
Writ Petition by directing the 1st respondent take
up, consider and pass orders in Ext.P9 appeal, after
affording due opportunity of hearing to the
petitioners, and such other affected party, if any,
within a period of three months. Coercive steps
pursuant to Ext.P7 will stand stayed until such
time.
This W.P.(C) is disposed of accordingly.
Sd/-
C.JAYACHANDRAN, JUDGE
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APPENDIX OF WP(C) 18275/2024
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED DATED
26/3/2022.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED
06/05/2024 ISSUED BY THE VAZHAYOOR
VILLAGE OFFICE TO THE PETITIONERS.
EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONERS
DATED 09/01/2024.
EXHIBIT P4 TRUE COPY OF THE CHALLAN DATED 2/4/2024
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONERS.
EXHIBIT P5 TRUE COPY OF THE PERMIT DATED 03/04/2024
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONERS.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED
22/4/2024 SEND BY THE 3RD RESPONDENT TO
THE DISTRICT COLLECTOR, MALAPPURAM.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED
06/05/2024 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONERS.
EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED
10/05/2024 SUBMITTED BY THE PETITIONERS
BEFORE THE 3RD RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE APPEAL SUBMITTED BY THE
PETITIONERS TO THE 1ST RESPONDENT DATED
20/5/2024.
EXHIBIT P9(A) TRUE COPY OF THE CHALLAN DATED 20/05/2024
EVIDENCING THE PAYMENT OF RS.500/-.
