Disposed

V.Sadanandan v. the Deputy Secretary to Government/Appellate Authority

Kerala HC24 Nov 2020WP(C)/25888/2020

Case brief

AI extract

What is this about?

The High Court directed the appellate authority to take up the petitioner's statutory appeal against a mining notice within two months and remitted 25% of the demanded amount as a condition for deferring realization of the balance.

What did the court decide?

Direction to take up statutory appeal within two months; remission of 25% of demanded amount; deferment of balance realization pending appeal decision.

V.Sadanandan Vs the Deputy Secretary to… — Contract and Commercial Disputes | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY, THE 24TH DAY OF NOVEMBER 2020 / 3RD AGRAHAYANA, 1942

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WP(C).No.25888 OF 2020(I)

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PETITIONER:

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V.SADANANDAN, AGED 48 YEARS S/O.VELU, VAZHATHODIYIL VEEEDU, MALAMAKKAVU P.O., PATTAMBI, PALAKKAD DISTRICT.

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BY ADV. SRI.K.RAKESH

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RESPONDENTS:

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1 THE DEPUTY SECRETARY TO GOVERNMENT/APPELLATE AUTHORITY DEPARTMENT OF INDUSTRIES, SECRETARIAT, TRIVANDRUM, PIN-695001.

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2 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, TOWN BUS STAND COMPLEX, PALAKKAD, PALAKKAD DISTRICT, PIN-678001.

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3 ADDL. R3 THE JOINT SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

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IS IMPLEADED SUO MOTU AS PER ORDER DATED 24.11.2020

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OTHER PRESENT:

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GP, K.J.MANURAJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.25888 of 2020

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..2..

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W.P.(C) No.25888 of 2020

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JUDGMENT

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The Joint Secretary to Government, Department of Industries, Government of Kerala, Government Secretariat, Thiruvananthapuram is impleaded suo motu in the writ petition as the additional third respondent.

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Ext.P4 is an order passed by the second respondent invoking the power under Rule 108 of the Kerala Minor Mineral Concession Rules, 2015 (the Rules), calling upon the petitioner to pay certain amounts on the ground that the petitioner has undertaken unauthorized quarrying activity. Challenging Ext.P4, the petitioner has preferred Ext.P5 appeal invoking Rule 98(1)(a) of the Rules. It is alleged by the petitioner that Ext.P5 appeal is not being taken up by the appellate authority. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.

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Heard the learned counsel for the petitioner as also the learned Government Pleader.

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Having regard to the fact that Ext.P5 is a statutory appeal, I deem it appropriate to dispose of the writ petition directing the additional third respondent to take up Ext.P5 appeal and pass appropriate orders on the same, after affording the petitioner an opportunity of hearing. This shall

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W.P.(C) No.25888 of 2020

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..3..

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be done within two months from the date of receipt of a copy of this judgment. Having regard to the peculiar facts of this case, I also deem it appropriate to direct that if the petitioner remits 25% of the amount demanded in Ext.P4 which is impugned in Ext.P5 appeal, further proceedings for realization of the balance shall be deferred until Ext.P5 appeal is decided by the third respondent as directed above. Ordered accordingly.

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Sd/P.B.SURESH KUMAR JUDGE

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ds 24.11.2020

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W.P.(C) No.25888 of 2020

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..4..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PERMIT EARLIER GRANTED BY THE 2ND RESPONDENT TO THE PETITIONER DATED, 18.06.2016. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 09.03.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO EXHIBIT P2 DATED 20.04.2020. EXHIBIT P3(A) TRUE COPY OF THE POSTAL RECEIPT DATED 20.04.2020. EXHIBIT P4 TRUE COPY OF THE NOTICE DATED, 07.10.2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT IN FORM O DATED 16.11.2020.

V.Sadanandan v. the Deputy Secretary to Government/Appellate Authority

Case brief

What is this about?

What did the court decide?

V.Sadanandan v. the Deputy Secretary to Government/Appellate Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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