Partly allowed

Joseph Cheriyan v. Minimol Thomas

Kerala HC11 Feb 2019RP/7/2019

Case brief

AI extract

What is this about?

This review petition sought review of an order directing the Grama Panchayat Secretary to finalize proceedings against the petitioner's construction activities. The court modified the earlier order to mandate the Secretary ascertain the petitioner's entitlement under Rule 106 of the Kerala Minor Mineral Concession Rules and direct a decision within a month.

What did the court decide?

Directions to the Secretary of the Grama Panchayat to ascertain if the petitioner is entitled to Rule 106 of the Kerala Minor Mineral Concession Rules and decide within one month.

Joseph Cheriyan Vs Minimol Thomas — Labour and Industrial Disputes | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY ,THE 11TH DAY OF FEBRUARY 2019 / 22ND MAGHA, 1940

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RP.No. 7 of 2019 IN WP(C). 14084/2018

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AGAINST THE JUDGMENT IN WP(C) 14084/2018 of HIGHCOURT

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REVIEW PETITIONER:

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JOSEPH CHERIYAN

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KADAPRAYIL HOUSE, PERINGULAM P.O., KOTTAYAM DISTRICT, PIN-686 582, REPRESENTED BY POWER OF ATTORNEY HOLDER JOSHI MATHEW, S/O.MATHEW,

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AGED 45 YEARS, RESIDING AT POTTANANIYIL HOUSE, TEEKOY P.O., KOTTAYAM DISTRICT, PIN-686 580.

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BY ADV. SRI.GEORGEKUTTY MATHEW

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RESPONDENTS:

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1 MINIMOL THOMAS

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AGED 23 YEARS, D/O.THOMAS, AMBAZHATHINAL, PERINGULAM P.O., PIN-686 582.

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2 THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM-686 503.

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3 THE REVENUE DIVISIONAL OFFICER, KOTTAYAM, 2ND FLOOR, MINI CIVIL STATION, UNION CLUB ROAD, KOTTAYAM-686 001.

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4 THE VILLAGE OFFICER, POOJAR NADUMBHAGAM VILLAGE, KOTTAYAMN-688 137.

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5 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOTTAYAM-685 001.

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6 THE SECRETARY, THEKKEKKARA PANCHAYATH, POOJAR THEKKAKKERA P.O., KOTTAYAM,-686 582.

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7 SAJI, KADAPRAYIL HOUSE, PERENGULAM P.O., KOTTAYAM-686 582.

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BY ADVS. R1 BY SRI.V.G.ARUN R6 BY SRI.V.K.PRASAD R2 TO R5 BY SRI.P.M.MANOJ,SENIOR GOVERNMENT PLEADER THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

RP.No. 7 of 2019

IN WP(C). 14084/2018

O R D E R

This review petition is filed by the 6^th

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respondent in the writ petition seeking to review the judgement dated 19.12.2018, whereby this court disposed of the writ petition directing the Secretary of the Grama Panchayat to finalise the proceedings pertaining to the stop memo issued against the construction activities carried on by the review petitioner i.e., the 6^th respondent in the writ petition.

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Learned counsel for review petitioner submitted that, in fact a counter affidavit is filed by the 6^th respondent and has produced necessary documents and

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put forth necessary pleadings to tide over the

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situation explained in the stop memo issued by the Grama Panchayat.

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I have heard respective counsel across the Bar

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and perused the pleadings and documents on record.

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I am of the considered opinion that, the review

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petition can be disposed of by making suitable directions so as to suit the contentions put forth by

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the 6^th respondent. In that view of the matter, the

RP.No. 7 of 2019

IN WP(C). 14084/2018

judgment is modified to the extent directing the

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Secretary of the Grama Panchayat to ascertain as to whether the review petitioner is entitled to get any benefit of rule 106 of the Kerala Minor Mineral Concession Rules. In all other respects, the directions contained in the judgment will remain. I also make it clear that,necessary opportunity shall be provided to the writ petitioner as well as the review petitioner before finalising the proceedings as directed above. It is also directed that, a decision shall be taken at the earliest possible time and at any rate within a month from the date of receipt of a copy of this order.

smv 11.2.2019

Sd/-

SHAJI P.CHALY

JUDGE

Joseph Cheriyan v. Minimol Thomas

Case brief

What is this about?

What did the court decide?

Joseph Cheriyan v. Minimol Thomas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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