Court closed writ petition challenging Ext.P14 order as Ext.P9 order leading to it was set aside and remanded in the earlier proceeding. Petitioner had remitted interim amount subject to outcome.
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 MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946 WP(C) NO. 7768 OF 2017
PETITIONER/S:
DR.ANIL MATHEW, AGED 48 YEARS S/O. MATHEW, AGED 48,CKOHUPURACKAL, MUTTAMBALAM P.O.,KOTTAYAM.
BY ADVS. SRI.C.S.MANILAL SRI.S.NIDHEESH
RESPONDENT/S:
OTHER PRESENT:
SMT. K.B. SONY -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
..2..
WP(C) NO. 7768 OF 2017
JUDGMENT
This writ petition is filed seeking to quash Ext.P14 order passed by the first respondent on second appeal filed by the petitioner, against Ext.P9 order demanding an amount of ₹52,49,540/-.
WP(C) NO. 7768 OF 2017
..3..
Court on 09.03.2017 while granting an interim stay of Ext.P14. It is made clear that refund of the payment, if any, made by the petitioner pursuant to the interim order dated 09.03.2017 shall be subject to the outcome of the matter in issue.
The writ petition is closed accordingly.
SD/-
SHOBA ANNAMMA EAPEN JUDGE
bka/-
WP(C) NO. 7768 OF 2017
..4..
APPENDIX OF WP(C) 7768/2017
PETITIONER EXHIBITS
| EXT.P1 | TRUE COPY KOTTAYAM. |
OF NOC ISSUED BY THE | R.D.O |
|---|---|---|---|
| EXT.P2 | TRUE COPY EXECUTIVE MOOVATTUPU |
OF THE SANCTION FRO ENGINEER, N.H DI ZHA. |
M THE VISION |
| EXT.P3 | TRUE COPY 2.37.2013 |
OF THE REQUEST TO THE SENIOR GEOLOGIST |
DATED . |
| EXT.P4 | TRUE COPY NOTICE TO 13.3.2014. |
OF THE NOTICE OF PAY RS.4,83,728/- |
DEMAND DATED |
| EXT.P5 | TRUE COPY 04.4.2015 CLAIMING A AS ROYALTY |
OF THE DEMAND NOTICE ISSUED BY THE 3RD RESP N AMOUNT OF RS. 52,49 AMOUNT. |
DATED ONDENT ,540/- |
| EXT.P6 | TRUE COPY 06.4.2015 KOTTAYAM. |
OF THE COMMUNICATION ISSUED TO DISTRICT COLL |
DATED ECTOR, |
| EXT.P7 | TRUE COPY 11.8.2015 ENGINEER, KOTTAYAM. |
OF THE CERTIFICATE ISSUED FROM ASST. EXE BRIDGES SUB DIV |
DATED CUTIVE ISION, |
| EXT.P8 | TRUE COPY SUBMITTED TO GOVERN THIRUVANAN |
OF THE APPEAL MEMO BEFORE THE DEPUTY SEC MENT INDUSTRIES DEPAR THAPURAM. |
RANDUM RETARY TMENT, |
| EXT.P9 | TRUE COPY FROM THE 2 |
OF THE ORDER DATED 14. ND RESPONDENT. |
7.2015 |
WP(C) NO. 7768 OF 2017
..5..
| EXT.P10 | TRUE COPY | O | F T | HE AFFIDAVIT DATED |
|---|---|---|---|---|
| 31.8.2015 TRANSPIRED |
OF ON |
THE 09 |
LAWYER AS TO WHAT .7.2015 WHEREBY THE |
|
| TIME WAS RECORDS. |
GRA | NTED | FOR PRODUCTION OF | |
| EXT.P11 | TRUE COPY FILED BY T SECRETARY INDUSTRIES |
OF HE AND DEP |
TH PETI FINA ARTM |
E APPEAL MEMORANDUM TIONER BEFORE SPEICAL L APPELLATE AUTHORITY ENT. |
| EXT.P12 | TRUE COPY 18.10.2016 |
OF . |
THE | HEARING NOTICE DATED |
| EXT.P13 | TRUE COP ADJOURNMEN |
Y T OF |
OF THE |
THE REQUEST FOR HEARING BY EMAIL. |
| EXT.P14 | TRUE COPY ISSUED BY THE APPEAL |
OF THE . |
THE 5TH |
ORDER DATED 13.2.2017 RESPONDENT DISMISSING |
Colour shows how this judgement treated each authority
WP(C) No. 26755 of 2015Explained¶21
Dr. Anil Mathew
State of Kerala
Deputy Secretary, Industries Department, Government of Kerala
Senior Geologist, Mining and Geology Department
Executive Engineer, Public Works Department
Special Secretary, Final Appellate Authority, Industries Department
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
