JUDGMENT

Dated this the 22nd day of September, 2022 The District Geologist issued Ext.P1 Demand Notice dated 13.06.2018 under the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 requiring the petitioner to remit an amount of ₹7,95,460/- towards royalty, price and penalty on the excess extraction of ordinary earth by the petitioner.

2. The petitioner states that he had submitted an appeal against Ext.P1 and the appeal was dismissed by the First Appellate Authority as per Ext.P7 order dated 11.01.2022. The petitioner preferred Ext.P11 appeal and stay petition against Ext.P7 order invoking Rule 98 of the Kerala Minor Mineral Concession Rules, 2015.

3. The petitioner states that though Ext.P11 appeal and stay petition have been preferred in August 2022, the appellate authority has not taken a decision thereon so far.

The delay in disposing Ext.P11 is adversely affecting the interest of the petitioner. The petitioner, therefore, seeks expeditious disposal of Ext.P11 appeal and stay petition by the 3rd respondent within a reasonable time that may be fixed by this Court.

4. The Senior Government Pleader entered appearance and resisted the writ petition. The Senior Government Pleader controverted all the material allegations made by the petitioner in the writ petition. On behalf of the respondents, it is submitted that if the 3rd respondent has received Ext.P11 appeal and stay petition preferred by the petitioner, the same can be considered in accordance with law since it is a statutory appeal.

5. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader representing the respondents.

6. Since Ext.P11 is a statutory appeal preferred by the petitioner invoking Rule 98 of the Kerala Minor Mineral Concession Rules, 2015, this Court is of the view that the competent authority has to consider the appeal and stay petition in accordance with law and pass appropriate orders thereon within a reasonable time.

The writ petition is therefore disposed of directing the 3rd respondent to consider Ext.P11 appeal and stay petition submitted by the petitioner in accordance with law within a period of two months. Ext.P8 Revenue Recovery proceedings shall stand deferred till the competent authority passes orders on the Appeal or Stay Petition. The petitioner shall serve a copy of the writ petition and certified copy of this judgment on the 3rd respondent.