Disposed

A.v.Johney v. the Deputy Secretary to Government Industries (a) Department

Kerala HC7 Feb 2020WP(C)/3490/2020

Case brief

AI extract

What is this about?

Single judge High Court of Kerala direction to competent authority to expedite disposal of a pending statutory appeal and stay application in a mineral concession royalty dispute, maintaining status quo on coercive steps.

What did the court decide?

Direction to competent authority to consider and dispose of the stay application and appeal within one week; status quo maintained on coercive steps.

A.v.Johney Vs the Deputy Secretary to Government… — Service and Employment | Kerala HC (2020)

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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 AMIT RAWAL

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FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941

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WP(C).No.3490 OF 2020(I)

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PETITIONER:

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A.V.JOHNEY AGED 62 YEARS EDASSERIL HOUSE, NEELESWARAM P.O., KALADY-683584.

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BY ADV. SRI.PHILIP J.VETTICKATTU

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RESPONDENTS:

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1 THE DEPUTY SECRETARY TO GOVERNMENT INDUSTRIES (A) DEPARTMENT, SECRETARIAT, TRIVANDRUM-695001.

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2 THE DISTRICT GEOLOGIST, DISTRICT OFFICE OF MINING AND GEOLOGY DEPARTMENT, IDUKKI, MINI CIVIL STATION, THODUPUZHA, IDUKKI685584.

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3 STATE OF KERALA, REPRESENTED BY THE SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT, TRIVANDRUM-695001.

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OTHER PRESENT:

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GP SRI PAUL ABRAHAM VAKKANAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3490 OF 2020

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JUDGMENT

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The contention of the petitioner in the instant case is that against the order in Ext.P2 dated 24.01.2020 issued by the 2^nd respondent demanding the royalty and price, he preferred the statutory appeal before the Deputy Secretary to Government Industries (A) Department under Rule 98(1) of the Kerala Minor Mineral Concession Rules, 2 015 along with the stay application which are pending consideration.

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The grievance of the petitioner is that without adjudication of the application for interim prayer, there is likelihood of the initiation of the coercive steps.

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Without expressing anything on the

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merits of the matter, I dispose of the writ petition with a direction to the competent authority to consider and

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WP(C).No.3490 OF 2020

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dispose of the stay application Ext.P2 along with appeal as expeditiously as possible, within a period of one week from the date of receipt of a certified copy of the judgment. Until such time there shall be a

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status quo order with regard to the coercive steps.

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This writ petition is disposed of accordingly.

Sd/-

AMIT RAWAL

JUDGE

WP(C).No.3490 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE GOVERNMENT.

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EXHIBIT P2 TRUE COPY OF ORDER OF THE 2ND RESPONDENT DATED 24.01.2020.

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EXHIBIT P3 TRUE COPY OF APPEAL UNDER RULE 98(1) OF KMMCR, 2015 FILED BEFORE THE 1ST RESPONDENT ALONG WITH STAY PETITION AND PETITION TO ADVANCE THE HEARING.

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//TRUE COPY// PA TO JUDGE

A.v.Johney v. the Deputy Secretary to Government Industries (a) Department

Case brief

What is this about?

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A.v.Johney v. the Deputy Secretary to Government Industries (a) Department

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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