Govindan.T vs The Deputy Secretary To Government
2024 Latest Caselaw 31530 Ker

Kerala High Court

Govindan.T vs The Deputy Secretary To Government on 5 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C) No. 38769/2024

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             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

   TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946

                         WP(C) NO. 38769 OF 2024

PETITIONERS:
     1     GOVINDAN.T
           S/O CHATHUMANIYANI,
           THORANAM, MUNNAD P.O,
           KASARAGODE DISTRICT, PIN - 671541
     2     KANNAN
           S/O AMBU, THORANAM, MUNNAD P.O,
           KASARAGODE DISTRICT, PIN - 671541
           BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
     1     THE DEPUTY SECRETARY TO GOVERNMENT
           INDUSTRIES DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM -
           [AS THE APPELLATE AUTHORITY UNDER THE KERALA MINER
           MINERAL CONCESSION RULES 2015], PIN - 695001
     2     DISTRICT COLLECTOR
           COLLECTORATE, CIVIL STATION,
           KASARGOD, PIN - 671123
     3     SENIOR GEOLOGIST
           MINING AND GEOLOGY DEPARTMENT,
           DISTRICT OFFICE, KASARGOD, PIN - 671123
     4     THAHASILDAR
           TALUK OFFICE, KASARGOD,
           KASARGOD DISTRICT, PIN - 671123
     5     VILLAGE OFFICER
           MUNNAD VILLAGE OFFICE, MUNNAD,
           KASARGOD, PIN - 671541
           VIDYA KURIAKOSE, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 38769/2024

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                              JUDGMENT

The petitioners preferred Ext.P4 appeal before the respondent

No.1 against Ext.P1 order passed by the respondent No.3. The

petitioners have also sought for a stay of Ext.P1 order. Petitioners

are aggrieved by the non-consideration of Ext.P4 appeal and stay

petition. It is in these circumstances, the petitioners have

approached this Court.

Having heard Sri.Latheesh Sebastian, the learned counsel for

the petitioners and Smt.Vidya Kuriakose, the learned Government

Pleader, this writ petition is disposed of with a direction to the

respondent No.1 to consider and pass orders on Ext.P4 appeal as

well as the stay petition, if it is received and pending, after hearing

the petitioners, in accordance with law, within a period of three

months from the date of receipt of a copy of this judgment. Till

then, Ext.P1 order shall stand stayed on condition that the

petitioners shall deposit 10% of the amount demanded in Ext.P1,

within two weeks.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

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2024:KER:82027

APPENDIX OF WP(C) 38769/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 24.09.2023 BEARING NO.DOKAS-DMG/23/2023-M

EXHIBIT P2 TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT DATED 07.03.2024

EXHIBIT P3 TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT DATED 30.05.2024

EXHIBIT P4 TRUE COPY OF THE APPEAL MEMORANDUM OF THE PETITIONERS DATED 18.07.2024

EXHIBIT P5 TRUE COPY OF THE DEMAND NOTICE IN TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE DEPUTY TAHSILDAR, KASARGOD TALUK DATED 18.10.2024

EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE IN FORM NO.10 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT OF THE 4TH RESPONDENT DATED 19.10.2024