Kerala High Court
Ahammed Abdulla vs The District Geologist on 31 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
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 1777 OF 2017
PETITIONER:
AHAMMED ABDULLA
AGED 79 YEARS
ERUPPAKKOTTIL HOUSE, PERINGALA P.O.,
ERNAKULAM.
BY ADVS.
SRI.ENOCH DAVID SIMON JOEL
RESPONDENTS:
1 THE DISTRICT GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
ERNAKULAM.
2 THE DEPUTY TAHSILDAR
(REVENUE RECOVERY), KUNNATHUNADU TALUK,
PERUMBAVOOR, ERNAKULAM.
BY ADVS.
GOVERNMENT PLEADER SRI.RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.1777/2017
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.1777 of 2017
----------------------------------------------
Dated this the 31st day of May, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of certiorari or other appropriate
writ, order or direction quashing Ext.P6;
i(a). Issue a writ of certiorari or other appropriate
writ, order or direction quashing Ext.P4.
iii. Issue such other appropriate writ order or
direction that may be deemed to be just and
equitable in the facts and circumstances of the
case.
(SIC)
2. When this writ petition came up for consideration
on 25.01.2017, this Court passed the following order :
"Admit.
Govt. Pleader takes notice for the respondents. The
petitioner shall also serve a copy of the writ petition
on the Govt. Pleader.
Post on 28.02.2017 for the counter affidavit of the
respondents.
There will be an interim stay of Exts.P4 and P6, in
the meanwhile, on condition that the petitioner
pays an amount of Rs.2,00,000/- (Rupees two lakhs
only) to the 2nd respondent within one month from
today."
3. When this writ petition again came up for
consideration on 28.02.2017, it is submitted by the petitioner
that an amount of Rs.2 lakhs has already been deposited by
the petitioner. Hence the interim order was extended. The
petitioner is aggrieved by Exts.P4 and P6. Against Ext.P4, the
petitioner submitted Ext.P5. If that be the case, there can be a
direction to consider Ext.P5 and till then, all further
proceedings consequent to Exts.P4 and P6 can be kept in
abeyance.
Therefore, this writ petition is disposed of with following
directions:
1. The 1st respondent is directed to
consider and pass appropriate orders in
Ext.P5, after affording an opportunity of
hearing to the petitioner, as
expeditiously as possible, at any rate,
within three months from the date of
receipt of a copy of this judgment.
2. Till final orders are passed as directed
above, all recovery proceedings
consequent to Exts.P4 and P6 shall be
kept in abeyance.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 1777/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PERMIT DTD. 08-09-
2015 ISSUED BY THE 1ST RESPONDENT FOR
REMOVING 5000 MT OF EARTH.
EXHIBIT P1(A) TRUE COPY OF THE PERMIT DTD. 04-11-
2015 ISSUED BY THE 1ST RESPONDENT FOR
REMOVING 2500 MT OF EARTH.
EXHIBIT P2 TRUE COPY OF THE NOTICE DTD. 06-04-
2016 NUMBERED AS NO.D.O.E./3855/E1/16
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPLY DTD. 21-04-2016
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE NOTICE DTD 16-06-2016
AND NUMBERED AS NO.D.O.E./3855/E2/16
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPLY DTD. 23-06-2016
SUBMITTED BY THE PETITIONER TOT HE 1ST
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE DTD.
22-12-2016 ISSUED BY THE 2ND
RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R1(A):- TRUE COPY OF THE JUDGMENT DATED
27.11.2015 IN W.P.(C) 34605/2015
EXHIBIT R1(B):- TRUE COPY OF THE NOTICE DATED
24.05.2016
EXHIBIT R1 (C):- TRUE COPY OF THE NOTICE DATED
06.06.2016
EXHIBIT R1(D): TRUE COPY OF THE MAHAZAR
EXHIBIT R1(E):- TRUE COPY OF THE NOTARIZED AFFIDAVIT
DATED 07.09.2015
