Court affirmed procedural fairness, mandating timely consideration of appeals and stay applications under administrative law principles.

JUDGMENT

The prayers in the above Writ Petition (Civil) are as follows :

(i) “ Issue a writ of mandamus or other appropriate orderable direction directing the first respondent to dispose Ext. P3 appeal affording an opportunity of hearing to the petitioner.

(ii) Issue a writ of certiorari or other appropriate writ or order directing quashing Ext. P1 show cause notice and Ext. P2 demand notice issued by the 3rd respondent.

(iii) Issue such other appropriate writs, orders or directions as this Hon’ble Court deems fit and proper in the facts and circumstances of the case.”

2. Heard Sri.P.A.Harish, learned counsel appearing for the petitioner and Sri.K.J.Manuraj, learned Government Pleader appearing for respondents.

3. The case of the petitioner is that he has been served with Ext.P1 show cause notice dated 30.12.2019 issued by the 3rd respondent-District Geologist alleging that petitioner has undertaken illegal quarrying operation in his property. Thereafter, the petitioner has been served with Ext.P2 demand notice dated 17.6.2020 issued by the 3rd respondent- District Geologist calling upon the petitioner to pay a sum of Rs.11,77,000/- towards royalty and the penalty amounts mentioned therein. Being aggrieved by Ext.P2 demand notice date.17.6.2020, the petitioner has preferred Ext.P3 statutory appeal dated 21.7.2020 before the 1st respondent (the designated appellate authority) as per the provisions contained in Rule 98(1)(a) of the Kerala Minor Mineral Concession Rules , 2015. Further that, along with the main matter in Ext.P3 appeal, he has also preferred Ext.P3 (6) application for grant of interim stay of Ext.P2 demand etc.

4. The petitioner seeks for expeditious consideration and disposal of Ext.P3 appeal as well as Ext.P3(6) stay application and that in the meanwhile, the impugned Ext.P2 demand notice may be stayed etc. Taking note of the facts and circumstances of this case, the following directions and orders are passed :

1) The competent authority of the 1st respondent-State Government (appellate authority concerned) may take up the matters in relation to Ext.P3(6) stay application dated 21.7.2019 filed by the petitioner in Ext.P3 appeal for consideration, without much delay and after affording reasonable opportunity of being heard to the petitioner shall pass orders on the said stay application, without much delay, preferably within a period of 6 weeks, at any rate, within an outer time limit of 8 weeks from the date of receipt of a certified copy of this judgment. Until orders are passed by the 1st respondent on Ext.P3 (6) stay application, further coercive steps for recovery of the amounts covered by Ext.P2 demand notice dated

17.6.2020 shall be kept in abeyance by the respondents.

2) After disposal of Ext. P3(6) stay application, the 1st respondent-appellate authority will take the matters for consideration in respect of the main matter at Ext.P3 appeal and after affording reasonable opportunity of being heard to the petitioner, should pass orders so as to dispose of the said appeal in accordance with law, without much delay, preferably within a period of two months from the date of disposal of Ext.P3(6) stay application and after duly adverting to and considering the various contentions and submissions urged by the petitioner.

The petitioner will produce certified copies of this judgment along with copies of the memorandum of this W.P.(C.) with all the exhibits before the 1st and 3rd respondents for necessary information and further action.

With these observations and directions, the above Writ Petition (civil)

will stand finally disposed of.

Sd/- ALEXANDER THOMAS, JUDGE SKS APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED

30.12.2019 EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE DATED

17.6.2020 EXHIBIT P3 A TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT DATED

21.07.2020 EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN WPC

13724/2020 DATED 14.7.2020