Partly allowed

Preethi v. Senior Geologist

Kerala HC9 Feb 2023WP(C)/1365/2023

Case brief

AI extract

What is this about?

The Court granted a direction to the respondent to consider and pass orders on the petitioner's representation regarding no illegal quarrying, deferred coercive steps, and quashed the pending demand notice proceedings pending such consideration.

What did the court decide?

Direction to respondent to consider petitioner's representation and pass orders within one month; coercive steps under demand notice deferred; demand notice proceedings quashed.

Preethi Vs Senior Geologist — Public Procurement and Tenders | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

THURSDAY, THE 9^TH DAY OF FEBRUARY 2023 / 20TH MAGHA, 1944

¶5

WP(C) NO. 1365 OF 2023

¶6

PETITIONER:

¶7

PREETHI AGED 48 YEARS W/O VIJAYAN, KUNDAMKANDATHIL VEEDU, PERASSANNUR P.O., KUTTIPPURAM, TIRUR MALAPPURAM DISTRICT, PIN - 679571

¶8

BY ADVS. DHANYA BABU NEETHU SASI SAJNA JALEEL ASHEETA NELSON RICHU THERESA ROBERT JAYALAKSHMI P. JAYAN AJAY JUEL KURIAKOSE

¶9

RESPONDENT:

¶10

SENIOR GEOLOGIST MINING AND GEOLOGY DEPARTMENT MALAPPURAM DISTRICT OFFICE MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT, PIN - 676517

¶11

BY ADV SRI.APPU.P.S-GP

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

WP(C) NO. 1365 OF 2023

¶14

¶15

JUDGMENT

¶16

Dated this the 9^th day of February, 2023

¶17

This writ petition is filed seeking the following reliefs:-

¶18

i. Issue a writ in the nature of certiorari or any other appropriate writ order or direction calling for the records leading to Ext.P2 Demand Notice issued by the respondent and quash the same.

¶19

ii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondent to consider Ext.P3 Presentation and pass orders thereon after hearing the Petitioner.

¶20

Heard the learned counsel for the petitioner and the learned Government Pleader.

¶21

It is submitted by the learned counsel for the petitioner that as against Ext.P2 demand notice issued on 6/12/2022 the petitioner has preferred Ext.P3 representation before the respondent pointing out that there has been no illegal quarrying in the property.

¶22

Without expressing any view on the merits of the matter, there will be a direction to the respondent to take up Ext.P3 representation submitted by the petitioner and to consider and pass orders on the same, in accordance with law, within a period of one month from the

¶23

WP(C) NO. 1365 OF 2023

¶24

¶25

date of receipt of a copy of this judgment after putting the petitioner on notice and after hearing the petitioner.

¶26

Further coercive steps pursuant to Ext.P2 shall stand deferred till

then.

Sd/-

ANU SIVARAMAN

JUDGE

ska

WP(C) NO. 1365 OF 2023

¶33

¶34

APPENDIX OF WP(C) 1365/2023

¶35

PETITIONER EXHIBITS

¶36

Exhibit-P1 TRUE COPY OF THE QUARRYING PERMIT NO.02/201415/LT/DOM/M-1107/2014, DATED 02.04.2014 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM Exhibit-P2 TRUE COPY OF THE DEMAND NOTICE NO. D.O.M./M2331/2021 DATED 6.12.2022 Exhibit-P3 TRUE COPY OF THE REPRESENTATION DATED 28.12.2022 SUBMITTED BEFORE THE RESPONDENT BY THE PETITIONER

Preethi v. Senior Geologist

Case brief

What is this about?

What did the court decide?

Preethi v. Senior Geologist

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shibu G. Vs Dr. B. Sheela

Minikumari Vs the District Geologist

T.v.Suresh Kumar Vs State of Kerala

Sakkeer.a Vs the District Collector

Anas Property Developers Private Ltd. Vs the District Collector

V v Sasi Vs the Geologist