IMPORTANT POINTS
As per the proviso to sub-rule (1) of Rule 98, any such appeal, under clause (a) or clause (b), may be entertained after the period specified therein if the appellant satisfies the Appellate Authority or Final Appellate Authority, as the case may be, that he had sufficient cause for not filing the appeal in time. As per clause (c) every appeal memorandum, under clause (a) and clause (b) shall be accompanied by the treasury receipt showing that a fee of five hundred rupees has been remitted in the Government Treasury to the credit of the Government under the remittance head of the Department of Mining and Geology.

JUDGMENT :

The petitioner, who was conducting a Granite quarry in 24 cents of land out of a total extent of 1 Acre in Survey No.2261 Pt in Palakkayam Village, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent Joint Secretary, Industries Department to consider Ext.P3 appeal dated 03.07.2019 filed against Ext.P2 order dated 16.11.2016 of the 3rd respondent District Geologist, invoking the provisions under Rule 98 of the Kerala Minor Mineral Concession Rules, 2015, which is accompanied by Ext.P5 application for condonation of delay, and pass appropriate orders on merits, within a time limit to be specified by this Court, after affording him an opportunity of being heard.

2. On 15.07.2019, when this writ petition came up for admission, the learned Government Pleader sought time to get instructions.

3. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.

4. The petitioner filed Ext.P3 appeal (dated 03.07.2019) before the 2nd respondent Appellate Authority, invoking Rule 98 of the Kerala Minor Mineral Concession Rules, in order to challenge Ext.P2 order dated 16.11.2016 of the 3rd respondent District Geologist.

5. As per clause (a) of sub-rule (1) of Rule 98 of the Kerala Minor Mineral Concession Rules, any person aggrieved by any order made by the competent authority or authorised officer, as the case may be, under these rules, may within two months from the date of communication of the order to him, prefer an appeal in Form O to the Appellate Authority appointed by the Government in this behalf by notification in the Gazette. As per clause (b) of sub-rule (1), any person aggrieved by an order of the Appellate Authority under clause (a) may, within one month from the date of communication of such order to him, prefer a second appeal in Form O to the final Appellate Authority appointed by Government in this behalf by notification in the Gazette.

6. As per the proviso to sub-rule (1) of Rule 98, any such appeal, under clause (a) or clause (b), may be entertained after the period specified therein if the appellant satisfies the Appellate Authority or Final Appellate Authority, as the case may be, that he had sufficient cause for not filing the appeal in time. As per clause (c) every appeal memorandum, under clause (a) and clause (b) shall be accompanied by the treasury receipt showing that a fee of five hundred rupees has been remitted in the Government Treasury to the credit of the Government under the remittance head of the Department of Mining and Geology.

7. Sub-rule (2) of Rule 98 provides that in every appeal memorandum under sub-rule (1) the authority against whose order the appeal is preferred shall be impleaded as a party. As per sub-rule (3), along with the appeal memorandum under sub-rule (1), the appellant shall submit as many copies thereof as there are parties impleaded under sub-rule (2). Sub-rule (4) of Rule 98 provides that on receipt of the appeal memorandum and the copies thereof the Appellate Authority or the Final Appellate Authority, as the case may be, shall send a copy of the appeal memorandum to each of the parties impleaded under sub-rule (2) specifying a date on or before which he may make his representation if any, against the appeal.

8. In view of the proviso to sub-rule (1) of Rule 98, an appeal under clause (a) or clause (b) may be entertained after the period specified therein, if the appellant satisfies the Appellate Authority or the Final Appellate Authority, as the case may be, that he had sufficient cause for not filing the appeal in time.

Therefore, in order to entertain a belated appeal, the Appellate Authority or the Final Appellate Authority has to record its satisfaction that the appellant had sufficient cause for not filing that appeal in time.

9. Though the expression 'sufficient cause' employed by the Legislature in the proviso to sub-rule (1) of Rule 98 of