← Library
High Court of KeralaWP(C)/38214/2015disposed of

P.K. Poulose v. The Geologist

2015-12-16Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 WP(C).No. 38214 of 2015 (B) ---------------------------- PETITIONER :

---------------------- P.K. POULOSE AGED 57 YEARS, S/O. KURIAN PUTHOOKATTIL HOUSE MULAKKULAM SOUTH P.O., VAIKOM TALUK, KOTTAYAM DISTRICT.

BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S) :

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

THE GEOLOGIST OFFICE OF MINING AND GEOLOGY DISTRICT OFFICE, KOTTAYAM, PIN - 686 001.

2.

THE DEPUTY SECRETARY AND APPELLATE AUTHORITY DEPARTMENT OF INDUSTRIES GOVERNMENT OF KERALA, SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001.

3.

THE DEPUTY TASILDHAR (RR) TALUK OFFICE, VAIKOM KOTTAYAM DISTRICT, PIN - 686 181.

4.

THE VILLAGE OFFICER MULAKKULAM VILLAGE OFFICE PERUVA P.O., KOTTAYAM DISTRICT PIN - 686 610.

R1 TO R4 BY GOVT. PLEADER SMT. K.T. LILLY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 38214 of 2015 (B) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF QUARRYING PERMIT NO. 291/OE/QP/2013-2014/2419/DOY/ML/2013 DATED 26/12/2013. EXT.P2 COPY OF ORDER/DEMAND NOTICE NO. 2419/DOY/ML DATED 3/8/2015. EXT.P3 COPY OF APPEAL NO. 20838/A/2015ID.

EXT.P4 COPY OF STAY PETITION DATED 25.8.2015.

EXT.P5 COPY OF DEMAND NOTICE NO. 2015/45628/5 DATED 23.9.2015. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.38214 of 2015 ............................................................. Dated this the 16th day of December, 2015

J U D G M E N T

Against Ext.P2 order passed under the Mines and Minerals (Development and Regulation) Act, the petitioner had preferred Ext.P3 appeal and Ext.P4 stay petition before the 2nd respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents through Ext.P5 revenue recovery notice as confirmed by Ext.P2 order.

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

3. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with the following directions:

i. The 2nd respondent shall consider and pass

-2W.P.(C). No.38214 of 2015 orders on Ext.P4 stay petition within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. ii. Coercive steps pursuant to Ext.P5 revenue recovery notice shall be kept in abeyance till such time as orders are passed by the 2nd respondent as directed above and communicated to the petitioner.

iii. The order to be passed by the 2nd respondent shall be a reasoned one adverting to the contentions of the petitioner regarding existence of a prima facie case for a stay of recovery pending disposal of the appeal.

A.K.JAYASANKARAN NAMBIAR JUDGE mns/16.12.15