Kerala High Court
Jayaraj.S vs The Deputy Secretary To Government on 11 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C) No. 39616/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946
WP(C) NO. 39616 OF 2024
PETITIONER:
JAYARAJ.S
AGED 54 YEARS, S/O SASTHAYYAN ACHARI,
KRISHNA BHAVAN, MANCHA, NEDUMANGAD P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695541
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
CIVIL STATION, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM, PIN - 69504
3 SENIOR GEOLOGIST
MINING AND GEOLOGY DEPARTMENT,
DISTRICT OFFICE, THIRUVANANTHAPURAM,
KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM, PIN - 695004
4 THAHASILDAR
TALUK OFFICE, NEDUMANGAD,
THIRUVANANTHAPURAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695541
5 VILLAGE OFFICER
NEDUMANGAD VILLAGE OFFICE, NEDUMANGAD,
THIRUVANANTHAPURAM DISTRICT, PIN - 695541
VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 39616/2024
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JUDGMENT
The petitioner preferred Ext.P6 appeal before the respondent
No.1 against Ext.P5 order passed by the respondent No.3. The
petitioner has also sought for a stay of Ext.P5 order. The limited
prayer in this writ petition is to give a direction to the respondent
No.1 to pass orders in the stay petition filed along with Ext.P6
appeal.
Having heard Sri.Latheesh Sebastian, the learned counsel
appearing for the petitioner and Smt.Vidya Kuriakose, the learned
Government Pleader, this writ petition is disposed of with a direction
to the respondent No.1 to hear and dispose of the stay petition filed
along with Ext.P6 appeal, if it is received and pending, within a
period of one month from the date of receipt of a copy of this
judgment. Till then, all further proceedings pursuant to Exts.P7
and P8 shall be kept in abeyance on condition that the petitioner
shall deposit 10% of the demanded amount.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF WP(C) 39616/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PERMISSION OF THE 3RD RESPONDENT
DATED 27.09.2017 BEARING NO.288/17-
18/4643/BOT/EM/2016
EXHIBIT P2 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE
SECRETARY OF NEDUMANGAD MUNICIPALITY DATED
24.06.2021
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED
29.09.2020 BEARING NO.147/20-21/BOT/ML/2229/2020
EXHIBIT P4 TRUE COPY OF THE CHALAN SHOWING PAYMENT OF PENALTY
FOR 1530 MTS OF ORDINARY EARTH ON 24.06.2020
EXHIBIT P5 TRUE COPY OF THE DEMAND NOTICE OF THE 3RD
RESPONDENT DATED 19.12.2023 BEARING NO.DOTHI-
DMG/2236/2023-M
EXHIBIT P6 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT DATED 28.10.2024
EXHIBIT P7 TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY
THE DEPUTY TAHSILDAR, NEDUMANGAD TALUK DATED
12.08.2024
EXHIBIT P8 TRUE COPY OF THE DEMAND NOTICE IN FORM NO.10 UNDER
SECTION 34 OF THE REVENUE RECOVERY ACT OF THE 4TH
RESPONDENT DATED 03.09.2024
