K.V.George vs The Geologist, Mining & Geology ...
2024 Latest Caselaw 31710 Ker

Kerala High Court

K.V.George vs The Geologist, Mining & Geology ... on 6 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C) No. 39160/2024

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946

                         WP(C) NO. 39160 OF 2024

PETITIONER:

           K.V.GEORGE,
           AGED 77 YEARS, S/O. LATE VARKEY,
           KUNNAPPILLY (H), NEENDAPARAKARA,
           NERIYAMANGALAM P.O, KOTHAMANGALAM,
           ERNAKULAM, PIN - 686693
           BY ADVS.
           JOBY JACOB PULICKEKUDY
           ANIL GEORGE
           SMITHA PHILIPOSE
           ASHIK TOM
           ADARSH K.


RESPONDENTS:

     1     THE GEOLOGIST, MINING & GEOLOGY DEPARTMENT
           ERNAKULAM DISTRICT OFFICE,
           CIVIL STATION,
           KAKKANADU- ERNAKULAM-, PIN - 682030
     2     THE DISTRICT COLLECTOR,
           ERNAKULAM DISTRICT, CIVIL STATION,
           KAKKANADU -, PIN - 682030
     3     THE DEPUTY TAHSILDAR,
           AUTHORIZED OFFICER, KOTHAMANGALAM TALUK,
           ERNAKULAM DISTRICT -, PIN - 686693
     4     THE VILLAGE OFFICER,
           THRIKKARIYOOR VILLAGE OFFICE,
           KOTHAMANGALAMTALUK, ERNAKULAM -, PIN - 686692
 W.P.(C) No. 39160/2024

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     5     THE REVENUE DIVISIONAL OFFICER,
           MUVATTUPUZHA,
           ERNAKULAM DISTRICT -, PIN - 686669
     6     KAVALANGAD GRAMA PANCHAYATH,
           OFFICE OF THE KAVALANGAD GRAMA PANCHAYATH,
           REP. BY ITS SECRETARY, NELLIMATTOM P.O,
           KOTHAMANGALAM, ERNAKULAM-, PIN - 686693

           B.S.SYAMANTHAK, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 39160/2024

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                         JUDGMENT

The petitioner challenges Ext.P10 order passed by the

respondent No.1. It is appealable under Rule 98 of the Kerala

Minor Mineral Concession Rules, 2015 (for short, 'the Rules').

Hence, this writ petition is disposed of granting liberty to the

petitioner to prefer appeal before the appellate authority under

the Rules, within fifteen days from the date of receipt of a copy

of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

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2024:KER:82561

APPENDIX OF WP(C) 39160/2024

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE PHOTOCOPY OF LETTER DATED 25.05.2017 ISSUED BY THE 6TH RESPONDENT TO THE PANCHAYATH DEPUTY DIRECTOR, ERNAKULAM

EXHIBIT P2 THE TRUE PHOTOCOPY OF LETTER DATED 28.06.2017 ISSUED BY THE TAHSILDAR TO THE REVENUE DIVISIONAL OFFICER

EXHIBIT P3 THE TRUE PHOTOCOPY OF SHOW CAUSE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 17.06.2017

EXHIBIT P4 THE TRUE PHOTOCOPY OF REPLY NOTICE FROM THE PETITIONER TO THE 1ST RESPONDENT DATED 23.08.2017

EXHIBIT P5 THE TRUE PHOTOCOPY OF DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 08.01.2018

EXHIBIT P6 THE TRUE PHOTOCOPY OF THE DETAILED REPLY AND REPRESENTATION FROM THE PETITIONER TO THE 1ST RESPONDENT DATED 28.02.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P7 . THE TRUE PHOTOCOPY OF REVENUE RECOVERY NOTICE NO.2023/16603/07 ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 23.09.2023

EXHIBIT P8 THE TRUE PHOTOCOPY OF NOTICE NO.2023/16603/07 ISSUED UNDER SECTION 34 ALONG WITH THE ABOVE NOTICE DATED 23.09.2023

EXHIBIT P9 THE TRUE PHOTOCOPY OF JUDGMENT DATED 04.12.2023 IN

EXHIBIT P10 THE TRUE PHOTOCOPY OF ORDER DATED 03.09.2024 PASSED BY THE 1ST RESPONDENT