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High Court of KeralaWP(C)/27586/2015disposed of

Thankamma Poulose v. State Of Kerala

2015-09-11Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 WP(C).No. 27586 of 2015 (W) ---------------------------- PETITIONER :

--------------------- THANKAMMA PAULOSE W/O. LATE PAULOSE, AGED 71 YEARS POTTAYIL HOUSE, RAKKAD MEKKADAMBU KARA, VALAKAM VILLAGE MUVATTUPUZHA.

BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S) :

---------------------------- 1.

STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF INDUSTRIES, STATE SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2.

THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF INDUSTRIES, STATE SECRETARIAT THIRUVANANTHAPURAM- 695 001.

3.

DEPUTY SECRETARY DEPARTMENT OF INDUSTRIES STATE SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

4.

GEOLOGIST DEPARTMENT OF MINING & GEOLOGY DISTRICT OFFICE, CIVIL STATION KAKKANAD, KOCHI - 30.

5.

DEPUTY TAHSILDAR (RR) MUVATTUPUZHA TALUK, MUVATTUPUZHA -686 661.

R1 TO R5 BY GOVT. PLEADER SMT. LILLY K.T.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 27586 of 2015 (W) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE NOTICE DATED 12.12.2013 OF THE 4TH RESPONDENT. EXT.P2 COPY OF THE ORDER DATED 23.10.2014 OF THE 3RD RESPONDENT. EXT.P3 COPY OF THE MEMORANDUM OF APPEAL DATED 28.11.2014 FILED BEFORE THE 2ND RESPONDENT.

EXT.P4 COPY OF THE STAY PETITION DATED 28.11.2014 FILED BEFORE THE 2ND RESPONDENT.

EXT.P5 COPY OF THE CHELLAN RECEIPT REMITTING FEE FOR P3 & P4. EXT.P6 COPY OF THE REVENUE RECOVERY DEMAND NOTICE ISSUED BY THE 5TH RESPONDENT.

EXT.P7 COPY OF THE ATTACHMENT NOTICE ISSUED BY THE 5TH RESPONDENT.

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

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 27586 of 2015 ===================================================== Dated this the 11th day of September, 2015

JUDGMENT

Aggrieved by Ext.P2 first appellate order of the 3rd respondent under the Kerala Minor Mineral Concession Rules, 1967, the petitioner has preferred Ext.P3 second appeal along with Ext.P4 stay petition before the 2nd respondent. It is the case of the petitioner that even before the consideration of the appeal and stay petition by the 2nd respondent, recovery steps have been initiated against him through Exts.P6 and P7 revenue recovery notices, for recovery of the amounts confirmed against the petitioner. 2.

I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents.

On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P3 second appeal preferred by the petitioner, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that, till such time as orders are passed by the 2nd respondent as directed

-2W.P.(C). No. 27586 of 2015 and communicated to the petitioner, the recovery steps initiated pursuant to Exts.P6 and P7 shall be kept in abeyance. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 2nd respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das