Nishad vs The Director Of Mining And Geology, ...
2024 Latest Caselaw 14053 Ker

Kerala High Court

Nishad vs The Director Of Mining And Geology, ... on 28 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 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                      WP(C) NO. 17397 OF 2016
PETITIONER:

            NISHAD
            AGED 45 YEARS, S/O. KUNJAMI, KURUPPAMTHODI,
            AATTOOR P.O., THRISSUR.
            BY ADV. SRI.N.K.MOHANLAL

RESPONDENTS:

    1       THE DIRECTOR OF MINING AND GEOLOGY, TRIVANDRUM.
    2       GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY,
            DISTRICT OFFICE, THRISSUR.
            BY ADV.
            SRI.RIYAL DEVASSY, GP
     THIS     WRIT    PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   28.05.2024,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.17397 of 2016

                                   2




                P.V.KUNHIKRISHNAN, J.
        ---------------------------------------------
               W.P.(C) No. 17397 of 2016
    ------------------------------------------------------
           Dated this the 28th day of May, 2024


                           JUDGMENT

This writ petition is filed seeking the following

reliefs:

"i) issue a writ of certiorari or any other appropriate writ or order quashing Exhibit P3 Notice as illegal and ultravires.

ii) issue a writ of mandamus or any other appropriate writ or order directing the respondents to pass appropriate orders based on Exhibit P2 notice after hearing the petitioner also by competent authority;

iii) issue such other appropriate orders which is deemed just and necessary on the facts and circumstances of the case."[SIC]

2. This Writ petition is filed challenging Ext.P3

notice issued by the 2nd respondent. When this Writ

petition came up for consideration, the learned

Government Pleader submitted that the petitioner has

got a remedy against Ext.P3 by filing an appeal before

the Joint Secretary, Irrigation department. If that be

the case, this Writ petition need not be retained here.

The petitioner is free to challenge Ext.P3 by filing an

appeal. If the appeal is filed within 30 days from the

date of receipt of a copy of this judgment, the time

during which this Writ petition was pending before

this Court will be excluded while calculating the

limitation period.

With the above observation, this Writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

APPENDIX OF WP(C) 17397/2016

PETITIONER EXHIBITS P1 A COPY OF ORDER NO.660/15- 16/2897/IE/C2/TDO/16 DTD.9.3.2016 OF THE 2ND RESPONDENT.

P2 A COPY OF THE NOTICE BY THE 2ND RESPONDENT DTD.30.3.2016 TO THE PETITIONER.

P3 A COPY OF NOTICE DTD.29.4.2016 FOR REMITTING RS.1,24,240/- OF THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE