Abdul Rehim vs The Kalluvathukkal Grama Panchayat
2024 Latest Caselaw 14249 Ker

Citation : 2024 Latest Caselaw 14249 Ker
Judgement Date : 29 May, 2024

Kerala High Court

Abdul Rehim vs The Kalluvathukkal Grama Panchayat on 29 May, 2024

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
         WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
                             WP(C) NO. 19275 OF 2024
PETITIONER:

     1        ABDUL REHIM,
              AGED 44 YEARS
              S/O. ABDUL KABIR, R S COTTAGE, PAYYAKKODU,
              OYOOR P O, KOLLAM,, PIN - 691510
              BY ADVS.
              C.RAJENDRAN
              B.K.GOPALAKRISHNAN
              R.S.SREEVIDYA
              MANU M.


RESPONDENTS:

     1        THE KALLUVATHUKKAL GRAMA PANCHAYAT,
              KALLUVATHUKKAL, KOLLAM REPRESENTED BY ITS SECRETARY., PIN -
              691578
     2        THE GEOLOGIST,
              DEPARTMENT OF MINING AND GEOLOGY, KESAVANIKETHAM,
              ASRAMOM, KOLLAM DISTRICT, PIN - 691001

              BY ADVS.
              SRI.AJITH VISWANATHAN,GP
              SRI.M.R.SASITH PANICKER, SC


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No.19275 of 2024


                                      2




                         C.JAYACHANDRAN, J.
                   ------------------------------------
                      W.P.(C.) No.19275 of 2024
                   ------------------------------------
                 Dated this the 29th day of May, 2024

                              JUDGMENT

The grievance of the petitioner is with respect to

Ext.P11 demand notice issued by the second

respondent Geologist. According to the petitioner,

Ext.P11 demand is illegal, pointing out which Ext.P12

has been filed. Petitioner seeks quashment of Ext.P11,

as also, consideration of Ext.P12.

2. Learned Government Pleader points out that

as against Ext.P11, the petitioner has to exhaust the

statutory remedy under Rule 98 of the Kerala Minor and

Mineral Concession Rules. Ext.P11 indicates that, unless

the demand is complied with, necessary steps, including

revenue recovery, will be initiated.

3. In the circumstances, without entering into

the merits of the matter, the petitioner is relegated to

avail the statutory remedy as afore-referred. In the

meantime, no coercive steps shall be taken by the

second respondent in implementation of Ext.P11. In

case the petitioner fails to prefer the statutory appeal

within one month from today, the benefit granted by

this judgment will be lost.

The Writ Petition is disposed of as above.

Sd/-

C. JAYACHANDRAN

JUDGE SKP/29-05

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE PHOTOCOPY OF THE ORDER OF THE MINING AND GEOLOGY DEPARTMENT KOLLAM DATED 18/05/2018 EXHIBIT P2 A TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT DATED 19/02/2019 EXHIBIT P3 A TRUE COPY OF THE RECEIPT DATED 21/06/2019 EXHIBIT P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 14/05/2021 BEFORE THE 2ND RESPONDENT EXHIBIT P5 A TRUE COPY OF THE WRIT PETITION NO.20574/2022 WITHOUT EXHIBITS DATED 22/06/2022 EXHIBIT P6 A TRUE COPY OF THE SHOW CAUSE NOTICE OF THE 2ND RESPONDENT DATED 22/06/2022 EXHIBIT P7 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 04/07/2022 EXHIBIT P8 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP( C ) NO.20574/2022 DATED 30/08/2022 EXHIBIT P9 A TRUE COPY OF THE SHOW CAUSE NOTICE OF THE 2ND RESPONDENT DATED 02/05/2023 EXHIBIT P10 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 16/05/2023 EXHIBIT P11 A TRUE COPY OF THE DEMAND NOTICE OF THE 2ND RESPONDENT DATED 03/05/2024 EXHIBIT P12 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 23/05/2024 RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE