Disposed

Yousuf Haji v. Deputy Secretary to Government

Kerala HC20 Jan 2021WP(C)/1492/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition wherein the petitioner sought directions to consider an appeal against a penalty and royalty demand and to keep recovery steps in abeyance. The Court directed the first respondent to forward the appeal to the Joint Secretary for orders.

What did the court decide?

Direction to first respondent to forward appeal to Joint Secretary for orders within six weeks and keep recovery steps in abeyance.

Yousuf Haji Vs Deputy Secretary to Government — Landlord and Tenant | Kerala HC (2021)

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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 A.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 20TH DAY OF JANUARY 2021/30TH POUSHA, 1942

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W.P(C).No.1492 OF 2021(J)

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PETITIONER:

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YOUSUF HAJI AGED 54 YEARS

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S/O. ALIYAR KUNJU, SAMSAM MANZIL, KANYAKULANGARA, VEMBAYAM P.O, THIRUVANANTHAPURAM.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENTS:

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1 DEPUTY SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 DISTRICT COLLECTOR, CIVIL STATION, THIRUVANANTHAPURAM-695 043

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3 SENIOR GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004.

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4 TAHSILDAR, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT-695 541

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5 VILLAGE OFFICER, THEKKADA VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 615

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BY SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.1492/2021 :: 2 ::

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J U D G M E N T

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The petitioner, aggrieved by Ext.P3 order of the 3^rd respondent that confirms a demand of penalty and royalty on him, has preferred Ext.P6 appeal and Ext.P7 stay petition before the 1^st respondent. The limited prayer in the writ petition is for a direction to the 1^st respondent to consider and pass orders in the appeal and to keep in abeyance the recovery steps, pursuant to Ext.P3 order, in the meanwhile.

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

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The learned Government Pleader would submit, on instructions, that the appeal, though filed before the 1^st respondent, has to be heard by the Joint Secretary, Industries Department, Thiruvananthapuram. Taking note of the said submission, I dispose

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W.P.(C).No.1492/2021 :: 3 ::

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the writ petition with the following directions:

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The 1^st respondent shall forward Ext.P6 appeal and Ext.P7 stay petition preferred by the petitioner before him, to the Joint Secretary, Industries Department, Thiruvananthapuram, who, in turn, shall consider and pass orders on Ext.P6 appeal within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner.

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It is made clear that till such time as orders are passed by the Joint Secretary in Ext.P6 appeal and the order communicated to the petitioner, recovery steps for recovery of amounts confirmed against the petitioner by Ext.P3 order shall be kept in abeyance.

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The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the Joint Secretary, Industries Department, Thiruvananthapuram, for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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prp/20/1/2021

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W.P.(C).No.1492/2021 :: 4 ::

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF RESPONDENT DATED	THE NOTICE OF THE 3RD 12.02.2020.
EXHIBIT P2	TRUE COPY OF THE DATED 20.02.2020.	REPLY OF THE PETITIONER
EXHIBIT P3	TRUE COPY OF RESPONDENT DATED	THE ORDER OF THE 3RD 12.11.2020.
EXHIBIT P4	TRUE COPY OF THE THE SECRETARY OF DATED 17.10.18.	BUILDING PERMIT ISSUED BY VEMBAYAM GRAMA PANCHAYAT
EXHIBIT P5	TRUE COPY OF T HOLLOW BRICKS UN PETITIONER DATED	HE TRADE LICENCE OF THE IT OF THE LESSEE OF THE 12.10.2020.
EXHIBIT P6	TRUE COPY OF THE SUBMITTED BEFORE EXT.P3 ORDER DATE	APPEAL OF THE PETITIONER THE 3RD RESPONDENT AGAINST D NIL.
EXHIBIT P7	TRUE COPY OF THE THE 1ST RESPONDEN	STAY PETITION FILED BEFORE T DATED 22.12.2020.

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RESPONDENTS EXHIBITS: NIL.

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//TRUE COPY//

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P.S. TO JUDGE

Yousuf Haji v. Deputy Secretary to Government

Case brief

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Yousuf Haji v. Deputy Secretary to Government

Case brief

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