Minni Pius vs The Director, Department Of Mining And ...
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Kerala High Court

Minni Pius vs The Director, Department Of Mining And ... on 12 November, 2024

WP(C) No.37829/2016                      1/3                       Order Date : 12-11-2024

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
           Tuesday, the 12th day of November 2024 / 21st Karthika, 1946
                              WP(C) NO. 37829 OF 2016
   PETITIONER:

          MINNI PIUS, AGED 56 YEARS, D/O VARGHESE PIUS, PUTHIYAPARAMBIL HOUSE,
          AYLUMAVU, CHELAKOMBU, NEDUMKUNNAM, KOTTAYAM DISTRICT-686542

   RESPONDENTS:

      1. THE DIRECTOR, DEPARTMENT OF MINING AND GEOLOGY, DEPARTMENT OF MINING
         AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE PO,
         THIRUVANANTHAPURAM-695004
      2. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
         COLLECTORATE PO, KOTTAYAM-686002
      3. SENIOR GOELOGIST, DEPARTMENT OF MINIG & GEOLOGY, COLLECTORATE P.O.,
         KOTTAYAM-686002
      4. JOINT SECRETARY, DEPARTMENT OF MINING & GEOLOGY, KESAVADASAPURAM,
         PATTOM PALACE PO, THIRUVANANTHAPURAM-695004
      5. PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES (A) DEPARTMENT,
         GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001
      6. VILLAGE OFFICER, NEDUMKUNNAM CHANGANASSERY, KOTTAYAM-686542
      7. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE,
         CHANGANASSERY-686542
      8. THE DISTRICT COLLECTOR, KOTTAYAM-686002
      9. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO
         GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001


        Writ Petition (Civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all further proceedings pursuant to Exhibits P5,P6,P8 and
   P15 and order such other reliefs as prayed for.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI. N.N. SUGUNAPALAN (SENIOR) along with SRI. S.SUJIN, Advocates for the
   petitioner and GOVERNMENT PLEADER for the respondents, the court passed
   the following:
 WP(C) No.37829/2016                              2/3                            Order Date : 12-11-2024




           W.P.(C) No.37829 of 2016
                                                   1




                                       SYAM KUMAR V.M, J
                      -------------------------------------------------------------
                                   W.P.(C) No.37829 of 2016
                      -------------------------------------------------------------
                        Dated this the 12th day of November, 2024

                                              ORDER

At the request of the learned counsel for the petitioner,

post on 20.11.2024

Sd-

SYAM KUMAR, JUDGE GBG WP(C) No.37829/2016 3/3 Order Date : 12-11-2024

APPENDIX OF WP(C) 37829/2016 EXHIBIT P1 TRUE UCOPY OF THE OBJECTION CERTIFICATE ON 19.10.2012 CERTIFYING GRAMA PANCHAYAT.

EXHIBIT P2 TRUE COPY OF THE ORDER DTD.9.9.2013. EXHIBIT P3 TRUE COPY OF THE PLAN SUBMITTED BY THE PETITIONER FOR THE REMOVAL OF SAND.

EXHIBIT P4 TRUE COPY OF THE EXPLANATION OFFERED BY THE PETITIONER DTD.10.6.2014.

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD.25.6.2014.

EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE DTD.17.11.2014 ISSUED BY THE DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, CHANGANASSERY.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DTD.27.2.2015 IN WP(C) NO.3259/2015.

EXHIBIT P8 A TRUE COPY OF THE ORDER OR REJECTION ISSUED BY THE 1ST RESPONDENT DTD.2.11.2015.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DTD.6.12.2015 SUBMITTED BY THE PETITIONER.

EXHIBIT P10 TRUE COPY OF THE APPEAL DTD.27.1.2016 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P11 TRUE COPY OF THE JUDGMENT DTD.5.2.2016 IN WRIT PETITION NO.4511/2016.

EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DTD.6.5.2016 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE APPEAL DTD.28.5.2016. EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DTD.8.6.2016. EXHIBIT P15 TRUE COPY OF THE ORDER DTD.22.7.2016 OF THE APPELLATE AUTHORITY.

EXHIBIT R3(A) TRUE COPY OF THE QUARRYING PERMIT DATED 09.09.2013. EXHIBIT R3(B) TRUE COPY OF THE QUARRYING PERMIT DATED 12.02.2014. EXHIBIT R3(C) TRUE COPY OF THE LETTER DATED 24.02.2014 FROM THE VILLAGE OFFICER, NEDUMKUNNAM.

EXHIBIT R3(D) TRUE COPY OF THE DEMAND NOTICE DATED 25.06.2014. EXHIBIT R3(E) TRUE COPY OF THE NOTICE DATED 30.06.2015. EXHIBIT R3(F) TRUE COPY OF THE LETTER DATED 27.10.2015. EXHIBIT R3(G) TRUE COPY OF THE CHALLAN DATED 23.03.2016. EXHIBIT R3(H) TRUE COPY OF THE CHALLAN DATED 12.01.2017.