C.A.Mani v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 WA.No. 1268 of 2015 IN WP(C).15274/2015 -------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 15274/2015 DATED 01-06-2015 ................
APPELLANT/PETITIONER :
----------------------------- C.A.MANI, KINATTUMOOTTIL HOUSE, KOTTAYAM - 1.
BY ADVS.SMT.K.P.SANTHI SRI.RILGIN V.GEORGE SMT.E.U.DHANYA RESPONDENTS :
-------------------
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE DISTRICT COLLECTOR, KOTTAYAM - 686 002.
3. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, CIVIL STATION, KOTTAYAM - 686 002.
BY SPL.GOVERNMENT PLEADER, SMT. GIRIJA GOPAL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.A.No. 1268 of 2015 ---------------------------------------------- Dated this the 18th June, 2015
JUDGMENT
Ashok Bhushan, CJ.
Heard learned counsel for the appellant and the learned Special Government Pleader.
2. This appeal has been filed against the judgment dated 1.6.2015 in W.P(C).No.15274 of 2015 by which judgment, the Writ Petition filed by the appellant was dismissed. The appellant had filed the Writ Petition against the order dated 16.5.2015 of the Geologist by which the application filed by the petitioner was rejected citing Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015 on the ground that the plinth area of the building is more than 300 sq. mt.
3. Learned counsel for the appellant submits that application can be made under Rule 20 and Rule 14(2) was not applicable in the present case.
WA.1268/15
4. Be that as it may, we do not find any error in the judgment of the learned Single Judge dismissing the Writ Petition. We, however, observe that it shall be open for the appellant to make a fresh application in accordance with law.
With the above observation, the Writ Appeal is dismissed.
ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs18/6/15