High CourtsSingle Bench(2009) 05 KL CK 0083

Keeshmad Khadi and Village Industries vs State of Kerala, The Geologist and P.K. Kunjumon

High Court Of Kerala · Decided on 8 May 2009

HON’BLE JUDGES
V. Giri, J
CASE NUMBER
Writ Petition (C) No. 13405 of 2009 (U)

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Judgment

4 paragraphs · 198 words

V. Giri, J.—The petitioner obtained a permit for removal of clay from paddy fields and this has been questioned by the 3rd respondent by way of an appeal under the Kerala Minor Mineral Concession Rules, 1967. The Land Revenue Commissioner proceeded to pass an order of stay on 21.3.2009. Petitioner is aggrieved by the same.

2.

In my view, the petitioner should approach the Land Revenue Commissioner and seek the disposal of the appeal in which Exhibit-P5 order has been passed.

3.

Having heard the learned Government Pleader also, the writ petition is disposed of directing the Land Revenue Commissioner to pass orders on the appeal in which Exhibit-P5 order of stay has been passed, after hearing the petitioner as also the 3rd respondent, within a period of one month from the date of receipt of a copy of this judgment. If by the time the Land Revenue Commissioner passes orders on the appeal, the period of validity expires, obviously, the Commissioner would be entitled to pass suitable directions in the matter of renewal of the validity of the permit, if the grant permit is otherwise upheld by the Commissioner.

The writ petition is disposed of as above.