Komalam v. Senior Geologist

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 WP(C).No. 19261 of 2015 (G) ---------------------------- PETITIONER :

--------------------- KOMALAN S/O. MADHAVAN, MEENATHUVILAYIL, KADUVINAL P.O., VALLIKUNNAM, ALAPPUZHA DISTRICT.

BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN H.

RESPONDENT(S) :

----------------------------

1. SENIOR GEOLOGIST MINING & GEOLOGY DEPARTMENT ALAPPUZHA DISTRICT OFFICE, CHERTHALA ALAPPUZHA DISTRICT-688 524.

2. THE DEPUTY SECRETARY, INDUSTRIES DEPARTMENT, PUBLIC OFFICES BUILDING THIRUVANANTHAPURAM -695 001.

3. THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM - 695 001.

R1 TO R3 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 19261 of 2015 (G) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 :

TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA DATED 22-5-2013. EXT. P2 :

TRUE COPY OF THE PROCEEDINGS NO.Q/P.NO.103/13-14/MM/LBS/DOA/506/2014 DATED 10-3-2014 ISSUED BY THE RESPONDENT.

EXT. P3 :

TRUE COPY OF THE JUDGMENT MADE IN WP(C).NO.14356/2014 DATED 15-7-2014.

EXT. P4 :

TRUE COPY OF THE NOTICE DATED 9-1-2015 ISSUED BY THE RESPONDENT STOPPING THE EXTRACTION OF LATERITE STONE ON THE STRENGTH OF EXT. P2 PERMIT.

EXT. P5 :

TRUE COPY OF THE WRITTEN OBJECTION DATED 19-1-2015 SUBMITTED BY THE APPELLANT BEFORE THE RESPONDENT. EXT. P6 :

TRUE COPY OF REPORT DATED 26-5-2015 SUBMITTED BY THE SPECIAL VILLAGE OFFICER OF VALLIKUNNAM.

EXT. P7 :

TRUE COPY OF THE ORDER DATED 8-6-2015 ISSUED BY THE RESPONDENT AGAINST THE PETITIONER.

EXT. P8 :

TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 13-6-2015 FILED BEFORE THE 2ND RESPONDENT ON BEHALF OF THE PETITIONER.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 19261 of 2015 (G) ------------------------------------------ Dated this the 6th day of July, 2015

J U D G M E N T

The petitioner's grievance seems to be that Ext.P8 filed on 13.06.2015 has not been considered till date by the 2nd respondent.

2.

If no other appeal, filed prior to that, is pending before the 2nd respondent and if the same is properly instituted, the same shall be taken up expeditiously and considered. Such consideration of appeal shall be in accordance with the pendency of similar matters before the Officer concerned.

The Writ Petition is disposed of with the above observation.

Sd/- K.VINOD CHANDRAN, JUDGE jjj