Moidutty Haji Vs. the District Collector Malappuram - Court Judgment

SooperKanoon Citationsooperkanoon.com/1013439
CourtKerala High Court
Decided OnJan-29-2013
JudgeHONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
AppellantMoidutty Haji
RespondentThe District Collector Malappuram
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice p.r.ramachandra menon tuesday, the 29th day of january 2013 9th magha 193 wp(c).no. 2570 of 2013 (u) -------------------------- petitioner(s) ---------------------- moidutty haji, aged 5 years, varikkoottil,poovanchana,post randhathani, malappuram dist-676510 by adv. sri.g.unnikrishnan respondent(s) ------------------------- the district collector, malappuram, pin-676505. by sr. government pleader sri george mecheril this writ petition (civil) having come up for admission on 29-01-2013, the court on the same day delivered the following: wp(c).no. 2570 of 2013 (u) appendix petitioner(s) exhibits ext.p1:- true copy of quarrying permit dtd 30/1/2012 granted to the petitioner. ext.p2:- true copy of appeal petition dtd 3/11/2012 filed before the respondent. ext.p3:- true copy of acknowledgment card respondents' exhibits : nil //true copy// p.a. to judge lsn p.r. ramachandra menon j.~~~~~~~~~~~~~~~~~~~~~~~ w.p.(c) no. 2570 of 2013 ~~~~~~~~~~~~~~~~~~~~~~~ dated, this the 29th day of january, 2013 judgment the petitioner, who was permitted to extract laterite stone from his property vide ext. p1 permit issued by the concerned geologist in conformity with the relevant provisions of kerala minor mineral concession rules 1957, is stated as aggrieved of cancellation of same in a quite arbitrary manner by the concerned rdo, which in turn is under challenge by way of ext. p2 appeal before the respondent.2. the learned counsel for the petitioner submits that the only relief now pressed before this court is to cause ext. p2 appeal to be considered and disposed of, after conducting a spot inspection by the respondent, within a reasonable time.3. heard the learned government pleader as well.4. considering the facts and circumstances, this court does not find it necessary to deal with the merits of the case, more so when ext. p2 appeal preferred by the petitioner is w.p.(c) no. 2570 of 2013 :2. : pending consideration before the respondent. to solve the issue once and for all, this court finds it fit and proper, to direct the respondent to conduct a spot inspection as well, before ext. p2 proceedings are finalized. accordingly, the writ petition is disposed of, directing the respondent to pass final orders on ext. p2 appeal preferred by the petitioner, after conducting a spot inspection, of course, in tune with the relevant provisions of law, after giving an opportunity of hearing to the petitioner. this shall be done at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment. petitioner shall produce a copy of this judgment along with copy of the writ petition before the respondent for further steps. sd/- p. r. ramachandra menon, (judge) kmd
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 29TH DAY OF JANUARY 2013 9TH MAGHA 193 WP(C).No. 2570 of 2013 (U) -------------------------- PETITIONER(S) ---------------------- MOIDUTTY HAJI, AGED 5 YEARS, VARIKKOOTTIL,POOVANCHANA,POST RANDHATHANI, MALAPPURAM DIST-676510 BY ADV. SRI.G.UNNIKRISHNAN RESPONDENT(S) ------------------------- THE DISTRICT COLLECTOR, MALAPPURAM, PIN-676505. BY SR. GOVERNMENT PLEADER SRI GEORGE MECHERIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2570 of 2013 (U) APPENDIX PETITIONER(S) EXHIBITS EXT.P1:- TRUE COPY OF QUARRYING PERMIT DTD 30/1/2012 GRANTED TO THE PETITIONER. EXT.P2:- TRUE COPY OF APPEAL PETITION DTD 3/11/2012 FILED BEFORE THE RESPONDENT. EXT.P3:- TRUE COPY OF ACKNOWLEDGMENT CARD RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE LSN P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 2570 of 2013 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 29th day of January, 2013 JUDGMENT The petitioner, who was permitted to extract laterite stone from his property vide Ext. P1 permit issued by the concerned Geologist in conformity with the relevant provisions of Kerala Minor Mineral Concession Rules 1957, is stated as aggrieved of cancellation of same in a quite arbitrary manner by the concerned RDO, which in turn is under challenge by way of Ext. P2 appeal before the respondent.

2. The learned counsel for the petitioner submits that the only relief now pressed before this Court is to cause Ext. P2 appeal to be considered and disposed of, after conducting a spot inspection by the respondent, within a reasonable time.

3. Heard the learned Government Pleader as well.

4. Considering the facts and circumstances, this Court does not find it necessary to deal with the merits of the case, more so when Ext. P2 appeal preferred by the petitioner is W.P.(C) No. 2570 of 2013 :

2. : pending consideration before the respondent. To solve the issue once and for all, this Court finds it fit and proper, to direct the respondent to conduct a spot inspection as well, before Ext. P2 proceedings are finalized. Accordingly, the writ petition is disposed of, directing the respondent to pass final orders on Ext. P2 appeal preferred by the petitioner, after conducting a spot inspection, of course, in tune with the relevant provisions of law, after giving an opportunity of hearing to the petitioner. This shall be done at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the respondent for further steps. Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd