High Court of Kerala directed the Appellate Authority to dispose of a minor mineral concession appeal within two months and stayed coercive steps under demand notices issued for alleged illegal mining activities.
Direction to the 2nd respondent to dispose of the appeal within two months; stay on coercive steps under Exts.P8 and P11.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 26TH DAY OF OCTOBER 2021 / 4TH KARTHIKA, 1943
WP(C) NO. 22706 OF 2021
PETITIONER/S:
ALAVI P.,AGED 65 YEARS S/O.MUHAMMED, PALEPADIYIL HOUSE, THAMARASSERY POST, KOODATHAI VILLAGE, THAMARASSERY TALUK, KOZHIKODE - 673 573.
BY ADVS. SURESH KUMAR KODOTH K.P.ANTONY BINU
RESPONDENT/S:
1 SENIOR GEOLOGIST DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, KOZHIKODE - 673 020.
2 THE DEPUTY SECRETARY/APPELLATE AUTHORITY UNDER KMMCR INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM - 691 001.
BY GP SRI.RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22706 OF 2021 ..2..
JUDGMENT
Alleging removal of ordinary earth in relation to construction of a commercial building, Ext.P8 demand notice was issued by the 1st respondent to the petitioner, imposing a penalty of Rs.9,18,400/-. Later, Ext.P11 final demand notice was issued for the same amount. The petitioner has preferred Ext.P9 appeal under Rule 98 of the Kerala Minor Mineral Concession Rules, 2015 read with Rule 27 of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation Rules 2015) before the 2nd respondent challenging the same. The petitioner seeks expeditious disposal of Ext.P9 appeal by the 2nd respondent, within a time frame and prays to keep in abeyance all coercive steps pursuant to Exts.P8 and P11 demand notices.
WP(C) NO. 22706 OF 2021 ..3..
dispose of Ext.P9 appeal filed by the petitioner, within a period of two months from the date of receipt of a copy of this judgment. Till orders are passed on Ext.P9, all coercive steps pursuant to Exts.P8 and P11 demand notices shall stand stayed.
The writ petition is disposed of accordingly.
Sd/- MURALI PURUSHOTHAMAN JUDGE
SB/26/10/2021
WP(C) NO. 22706 OF 2021 ..4..
APPENDIX OF WP(C) 22706/2021
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE DEVELOPMENT PERMIT ALONG WITH SITE APPROVAL DATED 21/08/2020. |
|---|---|
| Exhibit P2 | TRUE COPY OF APPLICATION FOR PERMISSION SUBMITTED BEFORE THE FIRST RESPONDENT. |
| Exhibit P3 | TRUE COPY SUBMITTED REPRESENTATION DATED 27/11/2020. |
| Exhibit P4 | TRUE COPY OF THE REPLY DATED 27/11/2020 ISSUED BY 1ST RESPONDENT. |
| Exhibit P5 | TRUE COPY APPLICATION DATED 29/03/2021 FOR EXTENSION OF TIME. |
| Exhibit P6 | TRUE COPY OF NOTICE DATED 28/04/2021 ISSUED BY THE 1ST RESPONDENT. |
| Exhibit P7 | TRUE COPY OF EXPLANATION SUBMITTED BEFORE THE DISTRICT GEOLOGIST ON 05/05/2021. |
| Exhibit P8 | TRUE COPY OF DEMAND NOTICE DATED 2/7/2021 ISSUED BY 1ST RESPONDENT. |
| Exhibit P9 | TRUE COPY OF APPEAL MEMO DATED 29/7/2021 FILED UNDER RULES 98 OF THE KERALA MINOR MINERAL CONCESSION RULES, 2015. |
| Exhibit P10 | TRUE COPY OF ACKNOWLEDGMENT CARD RECEIVED BY PETITIONER ON 13/08/2021. |
| Exhibit P11 | TRUE COPY OF FINAL DEMAND NOTICE DATED 25/09/2021. |
| Exhibit P12 | TRUE COPY OF STAY APPLICATION DATED 16/10/2021 FILED IN EXT.P9 APPEAL. |
2 issues framed by the court
Whether the 2nd respondent should dispose of the appeal filed by the petitioner within two months.
Whether coercive steps pursuant to the demand notices should be stayed pending the appeal outcome.
2 provisions across 2 enactments
Alavi P.
Senior Geologist, District Office, Mining and Geology Department, Kozhikode
Deputy Secretary/Appellate Authority under KMMCR Industries Department, Thiruvananthapuram
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Murali Purushothaman
Parties & counsel
