Ebin Jacob vs the Director - Court Judgment

SooperKanoon Citationsooperkanoon.com/1325766
CourtKerala High Court
Decided OnMay-31-2024
Case NumberWP(C)/17955/2024
JudgeHonourable Mr.Justice C. Jayachandran
AppellantEbin Jacob
RespondentThe Director
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr.justice c. jayachandran friday, the 31st day of may 2024 / 10th jyaishta, 1946 wp(c) no. 17955 of 2024 petitioner: 1 ebin jacob aged 33 years s/o jacob vellinayil house, petitioner njeezhur p.o, kottayam dist, pin - 686612 by adv baby kuriakose respondents: 1 the director mining and geology, directorate of mining and geology, kesavadasapuram trivandrum, pin - 695004 2 the joint secretary industries department. respondents secretariate, trivandrum, pin - 695001 3 the district geologist the district geologist, mining and geology civil station, kottayam, pin 686001., pin - 695001 4 the tahsildar vaikom taluk vaikom p.o kottayam, pin - 686141 by adv.sri.ajith viswanthan, gp this writ petition (civil) having come up for admission on 31.05.2024, the court on the same day delivered the following:c.jayachandran, j.dated this the 31st day of may, 2024judgmentthe petitioner is aggrieved by ext.p6 demand notice, wherein it is alleged that the petitioner had excavated soil and minerals in excess of the permitted quantity. challenging ext.p6, the petitioner preferred ext.p7 appeal before the second respondent. the same is pending consideration. the petitioner seeks disposal of the same. one of the important grounds raised by the petitioner is denial of natural justice in passing ext.p6 demand notice.2. in the above referred facts and circumstances,there will be a direction to the second respondent to consider and pass orders on ext.p7 appeal, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment. it is specifically directed that the second respondent shall also address the petitioner's grievance with respect to denial of natural justice in issuing ext.p6 demand notice. it is further directed that until ext.p7 appeal is disposed of, no coercive steps pursuant to ext.p6 shall be taken against the petitioner. the writ petition is disposed of as above. sd/- c. jayachandran judge skp/31-05 appendix of wp(c) 17955/2024 petitioner’s exhibits: exhibit p1 true copy of the building permit no. 5245/15 dated 30-09-2015 exhibit p2 true copy of the decision of the committee dated 03.10.2015exhibit p3 true copy of the permit dated 02.02.2016 exhibit p4 true copy of the show cause notice dated 04-07exhibit p5 true copy of the said reply notice dated 17-06exhibit p6 true copy of the demand notice dated exhibit p7 true copy of the appeal memorandum dated exhibit p8 true copy of the order in wp(c) 10390/2024dated 18/03/2024 respondents' exhibits:nil true copy p.a. to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946 WP(C) NO. 17955 OF 2024 PETITIONER: 1 EBIN JACOB AGED 33 YEARS S/O JACOB VELLINAYIL HOUSE, PETITIONER NJEEZHUR P.O, KOTTAYAM DIST, PIN - 686612 BY ADV BABY KURIAKOSE RESPONDENTS: 1 THE DIRECTOR MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM TRIVANDRUM, PIN - 695004 2 THE JOINT SECRETARY INDUSTRIES DEPARTMENT. RESPONDENTS SECRETARIATE, TRIVANDRUM, PIN - 695001 3 THE DISTRICT GEOLOGIST THE DISTRICT GEOLOGIST, MINING AND GEOLOGY CIVIL STATION, KOTTAYAM, PIN 686001., PIN - 695001 4 THE TAHSILDAR VAIKOM TALUK VAIKOM P.O KOTTAYAM, PIN - 686141 BY ADV.SRI.AJITH VISWANTHAN, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.JAYACHANDRAN, J.

Dated this the 31st day of May, 2024

JUDGMENT

The petitioner is aggrieved by Ext.P6 demand notice, wherein it is alleged that the petitioner had excavated soil and minerals in excess of the permitted quantity. Challenging Ext.P6, the petitioner preferred Ext.P7 appeal before the second respondent. The same is pending consideration. The petitioner seeks disposal of the same. One of the important grounds raised by the petitioner is denial of natural justice in passing Ext.P6 demand notice.

2. In the above referred facts and circumstances,

there will be a direction to the second respondent to consider and pass orders on Ext.P7 appeal, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment. It is specifically directed that the second respondent shall also address the petitioner's grievance with respect to denial of natural justice in issuing Ext.P6 demand notice. It is further directed that until Ext.P7 appeal is disposed of, no coercive steps pursuant to Ext.P6 shall be taken against the petitioner. The Writ Petition is disposed of as above. Sd/- C. JAYACHANDRAN JUDGE SKP/31-05 APPENDIX OF WP(C) 17955/2024 PETITIONER’S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT NO. 5245/15 DATED 30-09-2015 EXHIBIT P2 TRUE COPY OF THE DECISION OF THE COMMITTEE DATED 03.10.2015

EXHIBIT P3             TRUE COPY OF THE PERMIT DATED 02.02.2016
EXHIBIT P4             TRUE COPY OF THE SHOW CAUSE NOTICE DATED 04-07EXHIBIT P5             TRUE COPY OF THE SAID REPLY NOTICE DATED 17-06EXHIBIT P6             TRUE   COPY   OF   THE   DEMAND   NOTICE  DATED
EXHIBIT P7             TRUE COPY OF THE APPEAL MEMORANDUM DATED
EXHIBIT P8             TRUE COPY OF THE ORDER IN WP(C) 10390/2024

DATED 18/03/2024 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A. TO JUDGE