Quashed

Ashok Kumar v. Senior Geologist

Kerala HC4 Oct 2023WP(C)/18183/2023

Case brief

AI extract

What is this about?

Petitioner challenged an order imposing a penalty for excess earth removal, alleging violation of natural justice due to lack of hearing and non-service of complaint copy. The court set aside the order and directed the respondent to reinstate hearing proceedings.

What did the court decide?

Ex. P10 order set aside; respondent directed to hear petitioner under Ex. P6 notice and provide complaint copy within one month.

Ashok Kumar Vs Senior Geologist — Writ and Judicial Review | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN
WEDNESDAY, THE 4TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945
WP(C) NO. 18183 OF 2023

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PETITIONER:

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ASHOK KUMAR
AGED 51 YEARS, S/O. KUTTAPPAN
RESIDING AT "VAISAGHAM" AREEKKARA MURI,
MULAKKUZHA VILLAGE, CHENGANNUR TALUK
ALAPPUZHA DISTRICT, PIN – 689 505.

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BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
BIJOY SAM GEORGE

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RESPONDENTS:

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1 SENIOR GEOLOGIST MINING & GEOLOGY DEPARTMENT, ALAPPUZHA DISTRICT OFFICE, CHERTHALA ALAPPUZHA DISTRICT, PIN – 688 524.

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2THE SECRETARY
MULAKKUZHA GRAMA PANCHAYAT,
MULAKKUZHA, CHENGANNUR TALUK,
ALAPPUZHA DISTRICT, PIN – 689 505.

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3 MULAKKUZHA GRAMA PANCHAYAT MULAKKUZHA, CHENGANNUR TALUK, ALAPPUZHA DISTRICT – 689 505 REPRESENTED BY ITS SECRETARY.

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4 THE VILLAGE OFFICER MULAKKUZHA VILLAGE, MULAKKUZHA, CHENGANNUR TALUK, ALAPPUZHA DISTRICT, PIN – 689 505. SRI. RIYAL DEVASSY - GP P.V.SARITHA VENUGOPAL N.P.RUKSANA SMT. K.P.SUSMITHA - SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C).No.18183 OF 2023

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JUDGMENT

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The petitioner has filed this writ petition

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challenging Ext.P10 order passed by the 1^st respondent directing the petitioner to pay an amount of Rs.2,07,802/- as penalty for excess quantity of ordinary earth removed from the property of the petitioner. The petitioner submits that Ext.P10 order imposing penalty under the Kerala Minor Mineral Concession Rules has been passed without hearing the petitioner. It is also stated that the copy of the complaint based on which the proceedings were initiated against the petitioner was not served on the petitioner. Accordingly, the writ petition is filed challenging Ext.P10.

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The learned Government Pleader, on instructions, submits that Ext.P10 order has been

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WP(C).No.18183 OF 2023

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passed pursuant to Ext.P6 show cause notice to which the petitioner has filed Ext.P7 reply and it is after taking into consideration the reply filed by the petitioner to the show cause notice, Ext.P10 order has been passed.

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Ext.P10 order imposing penalty is admittedly

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passed without affording an opportunity of hearing to the petitioner.

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Since Ext.P10 brings adverse penal and civil consequences to the petitioner, the 1^st respondent ought to have afforded an opportunity of hearing to the petitioner before passing Ext.P10. Accordingly, Ext.P10 order is set aside being passed in violation of the principles of natural justice. The 1^st respondent shall hear the petitioner pursuant to Ext.P6 show cause notice and pass appropriate orders in accordance with law, within a period of one month from the date of receipt of a copy of this judgment. The 1^st respondent

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WP(C).No.18183 OF 2023

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shall intimate the date of hearing to the petitioner and

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shall also furnish a copy of the complaint referred to as Reference No.5 in Ext.P10, along with the notice of

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hearing.

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The writ petition is disposed of with the above direction.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.18183 OF 2023

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APPENDIX

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PETITIONER’S EXHIBITS :-

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EXHIBIT P1A TRUE COPY OF THE PROCEEDINGS NO.A2-
1632/21 DATED 06.08.2021 ISSUED BY THE
2ND RESPONDENT IN THE NAME OF SRI.ASHOK
KUMAR.
EXHIBIT P2A TRUE COPY OF THE APPLICATION DATED
09.03.2019 FILED BEFORE THE 2ND
RESPONDENT FOR THE ISSUANCE OF
DEVELOPMENT PERMIT BY THE PETITIONER.
EXHIBIT P3A TRUE COPY OF THE APPLICATION DATED
13.12.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P4A TRUE COPY OF THE COMMON JUDGMENT MADE
IN W.P.(C).15466/2022 ALONG WITH W.P.
(C).NO.15341/2022 ON 30.06.2022.
EXHIBIT P5A TRUE COPY OF THE PROCEEDINGS
NO.105/2022-23/MM/OE/DOA/166/2022 DATED
12.09.2022 ISSUED BY THE 1ST RESPONDENT
PERMITTING REMOVAL OF 2651 METRIC TONNES
OF SOIL.
EXHIBIT P6A TRUE COPY THE SHOW CAUSE NOTICE DATED
17.01.2023 ISSUED BY THE 1ST RESPONDENT
AGAINST THE PETITIONER.
EXHIBIT P7A TRUE COPY OF THE REPLY DATED
06.02.2023 SENT BY THE PETITIONER
ADDRESSED TO THE 1ST RESPONDENT.
EXHIBIT P8A TRUE COPY OF THE ORDER DATED
24.03.2023 ISSUED BY THE 2ND RESPONDENT
ADDRESSED TO THE PETITIONER.
EXHIBIT P9A TRUE COPY OF THE OBJECTION DATED
25.04.2023 SENT BY THE PETITIONER
ADDRESSED TO THE 2ND RESPONDENT.
EXHIBIT P10ATRUECOPYOFTHEORDER
NO.12/2023-24/MM/OE/DOE/167/2021/CHERTHA
LA DATED 12.05.2023 ISSUED BY THE 1ST
RESPONDENT AGAINST THE PETITIONER.

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RESPONDENTS EXHIBITS: NIL.

Ashok Kumar v. Senior Geologist

Case brief

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Ashok Kumar v. Senior Geologist

Case brief

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