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2026 Supreme(Online)(Ker) 5697

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
MOHAMMED ASHRAF – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 3145 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.K.I.SAGEER, SRI.MUHAMMED YASIL, SHRI.SURYANATH S., SHRI.SAIFUDHEEN K.P.
For the Respondents: SR GP SMT VIDYA KURIAKOSE

The petitioner must seek appropriate authority's consideration before invoking writ jurisdiction.

Headnote:The petition seeks a writ of Mandamus directing the second respondent to consider and pass orders on Ext.P2 within a time frame. The learned Government Pleader argued the need for the petitioner to approach the appropriate authority under the Kerala Minor Mineral Concession Rules, 2015. Consequently, the court disposed of the petition with an observation to approach statutory authorities first.

Table of Content
1. request for mandamus and statutory compliance. (Para 1 , 2)
2. need for approaching proper authority. (Para 3)
3. writ petition disposed with observations. (Para 4)

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

“i) Issue a writ of Mandamus or any other appropriate Writ, direction or order directing the 2nd respondent to consider and pass orders on Ext.P2 thereon within a time frame fixed by this Hon’ble Court;

ii) To dispense with filing of translation of vernacular documents in the interest of justice.

iii) Grant such other reliefs as this Hon’ble Court may deem fit to grant in the facts and circumstances of the case.”

[SIC]

2. The main prayer in this writ petition is to direct the 2nd respondent to consider Ext.P2. The learned Government Pleader submitted that, as per Ext.P1 tax receipt, the property is shown as ”thottam”.

3. In such circumstances, the learned Government Pleader submits that the petitioner has to approach the appropriate authority under the Kerala Minor Mineral Concession Rules, 2015.

4. If that be the case, this writ petition need not be retained here. The petitioner is free to approach the statutory authorities in accordance with law and thereafter move this writ petition, if there is any delay in considering the same.

With the above observation, this writ petition is disposed of.

Sd/-

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