The court held that substantial compliance has been made with the directions issued in the contempt case concerning a quarry dispute, and the proceeding is closed with liberty to challenge the fresh order.
The contempt case is closed with liberty to the petitioner to challenge the order now passed.
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 N.NAGARESH
FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945
CON.CASE(C) NO. 38 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.25278 OF 2022 OF HIGH COURT OF
KERALA
PETITIONER
SK METAL CRUSHERS AND QUARRY PVT. LTD.,
AGED 60 YEARS
SURJITH BHAVAN, PUNNAVOOR, KUVALASSERY P.O.,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR,
G. SUDARSANAN., PIN – 695512
BY ADVS.
TINA ALEX THOMAS
HARIMOHAN
RESPONDENTS:
1M. S. RAJKUMAR
AGED 49 YEARS
FATHER'S NAME NOT KNOWN TO THE PETITIONER
DISTRICT GEOLOGIST, MINING AND GEOLOGY
KESAVADASAPURAM, THIRUVANANTHAPURAM.,
PIN - 695004
2DR. B. AJAYAKUMAR
AGE NOT KNOWN TO THE PETITIONER,
GEOLOGIST, DIRECTORATE OF MINING AND GEOLOGY,
KESAVADASAPURAM, THIRUVANANTHAPURAM.,
PIN – 695004
SRI.REKHS C.NAIR-SR.GOVERNMENT PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO.38 OF 2024
2
JUDGMENT
Dated this the 1st day of March, 2024
Government Pleader submits that memo dated
27.01.2024 has been filed. Pursuant to the direction of this
Court, the issue has been considered by another Geologist and orders passed.
In view of the above, there is substantial compliance of the directions given by this Court. Contempt of Court Case is closed granting liberty to the petitioner to challenge the order now passed, if the petitioner is so advised.
Sd/-
N.NAGARESH
JUDGE
hmh
CON.CASE(C) NO.38 OF 2024
3
APPENDIX OF CON.CASE(C) 38/2024
PETITIONER ANNEXURES
Annexure A1TRUE COPY OF THE QUARRYING LEASE DTD.
25.09.2017.
Annexure A2TRUE COPY OF REPORT BEARING NO.
1766/DOT/ML/2018 DTD. 14.08.2018.
Annexure A3TRUE COPY OF THE REPORT BEARING NO.
A6/17211/18 DTD. 11.12.2018 FURNISHED
BY THE TAHSILDAR, KATTAKADA TO
DISTRICT COLLECTOR,THIRUVANANTHAPURAM.
Annexure A4TRUE COPY OF THE STOP MEMO BEARING NO.
2508/DOT/ML/16 DTD. 23.07.2019.
Annexure A5TRUE COPY OF THE SHOW-CAUSE NOTICE
BEARING NO. 2353/DOT/EM/2019 DTD.
09.10.2019.
Annexure A6TRUE COPY OF THE PRELIMINARY AUDIT
MEMORANDUM NO. 12 DTD. 26.09.2019
DRAWNBYTHESENIORAUDIT
OFFICER/RSA(P)-4, OFFICE OF THE
ACCOUNTANT GENERAL (E&RSA).
Annexure A7TRUE COPY OF THE REPLY/OBJECTION DTD.
22.11.2019 SUBMITTED BY THE PETITIONER
BEFORE THE GEOLOGIST.
Annexure A8TRUECOPYOFTHEADDITIONAL
REPLY/OBJECTION DTD. 26.12.2019.
Annexure A9TRUE COPY OF THE DEMAND NOTICE DTD.
21.01.2020BEARINGNO.
2353/DOT/ML/2019.
Annexure A10TRUE COPY OF THE APPEAL MEMORANDUM
DTD. 09.12.2019 SUBMITTED BY THE
PETITIONER BEFORE THE SECRETARY,
INDUSTRIES DEPARTMENT.
Annexure A11TRUE COPY OF THE APPEAL DTD.
28.11.2020 SUBMITTED BY THE PETITIONER
BEFORE THE SECRETARY, INDUSTRIES
DEPARTMENT.
Annexure A12TRUE COPY OF THE JUDGMENT DTD.
26.10.2021.
Annexure A13TRUE COPY OF G.O.(RT) NO. 1374/2021/ID
CON.CASE(C) NO.38 OF 2024
DTD. 18.12.2021.
Annexure A14TRUE COPY OF THE JUDGMENT DTD.
21.03.2022 IN W.P.(C) NO.1046/2022.
Annexure A15TRUE COPY OF THE REVENUE RECOVERY
NOTICE DTD. 26.04.2022 ISSUED BY THE
DEPUTY TAHSILDAR, KATTAKKADA.
Annexure A16TRUE COPY OF GO(RT) NO. 391/2022/ID
DTD. 11.05.2022.
Annexure A17TRUE COPY OF LETTER BEARING NO.
2353/DOT/ML/2019 DTD. 14.06.2022.
Annexure A18TRUE COPY OF THE REPRESENTATION DTD.
04.07.2022 SUBMITTED BY THE PETITIONER
BEFORE THE DIRECTOR OF MINING AND
GEOLOGY.
Annexure A19TRUE COPY OF THE LETTER BEARING NO.
DMG/8936/2021-M1DTD.14.07.2022
ISSUED BY THE DEPUTY DIRECTOR TO THE
SENIOR GEOLOGIST, THIRUVANANTHAPURAM.
Annexure A20CERTIFIED COPY OF THE JUDGMENT DTD.
24.08.2022 IN W.P (C) NO. 25278/2022.
Annexure A21TRUE COPY OF THE G.O (RT) NO.
1093/2022/ID DTD. 11.10.2022.
Annexure A22TRUE COPY OF THE NOTICE BEARING NO.
DMG/8936/2022-M1 DTD. 25.11.2022.
Annexure A23TRUE COPY OF THE NOTICE OF HEARING
DTD. 17.01.2023 ISSUED BY THE DIRECTOR
OF MINING AND GEOLOGY TO THE
PETITIONER.
Annexure A24TRUE COPY OF THE REQUEST DTD.
14.09.2023 SUBMITTED BY THE PETITIONER
TO THE DIRECTOR OF MINING AND GEOLOGY.
Annexure A25TRUE COPY OF THE NOTICE BEARING NO.
DMG/8936/2021-M1DTD.27.11.2023
ISSUED BY THE DIRECTOR OF MINING AND
GEOLOGY.
Annexure A26TRUE COPY OF THE REPRESENTATION DTD.
28.12.2023 SUBMITTED BY THE PETITIONER
TO THE DIRECTOR OF MINING AND GEOLOGY.
Annexure A27TRUE COPY OF THE REPORT PREPARED BY
THE 2ND CONTEMNOR OBTAINED UNDER THE
RIGHT TO INFORMATION ACT HAVING FILE
NUMBER DMG/8936/2021-M1 (COMPUTER NO.
CON.CASE(C) NO.38 OF 2024
126213) ALONG WITH COVERING LETTER
BEARING NO. DMG/3556/2023 - M1 DTD.
22.01.2024.
SK METAL CRUSHERS AND QUARRY PVT. LTD.
M. S. RAJKUMAR
DR. B. AJAYAKUMAR
N.NAGARESH
As recorded by the court registry
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