IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 8956 of 2011(T) ------------------------- PETITIONER: ------------------ KMC CONSTRUCTIONS LIMITED, RIVER VIEW BUILDING, SOUTH CHALAKUDY, THRISSUR DISTRICT, REPRESENTED BY PROJECT MANAGER, M.V.SREEKUMAR. BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.P.R.REENA RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, THRISSUR, PIN-680 003. 3. UNION OF INDIA, REPRESENTED BY SECRETARY, DEPARTMENT OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI, PIN-110 075. 4. NATIONAL HIGHWAY AUTHORITY OF INDIA, REP. BY PROJECT DIRECTOR, NO.8/1187, ARUMUGHAN COLONY, CHANDRANAGAR, PALAKKAD, PIN-678 007. BY GOVERNMENT PLEADER SRI.V.MANU R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.8956 OF 2011 -------------------------------- Dated this the 22nd day of March 2011 JUDGMENT The prayer of the petitioner is to direct the 1st respondent to consider and pass appropriate orders in Ext.P7 appeal. 2. The petitioner had approached this Court earlier by filing W.P.(C) No.5409/11 being aggrieved of the order passed by the original authority under the Kerala Minor Mineral Concession Rules 1967. When the matter came up for consideration before this court, it was brought to the notice of this court that, it is very much appealable by virtue of Rule 49(1)(b) of the Kerala Minor Mineral Concession Rules 1967. Accordingly, the writ petition was dismissed by Ext.P6 judgment relegating the petitioner to seek statutory remedy. 3. The learned counsel for the petitioner submits that pursuant to Ext.P6 judgment, Ext.P7 Appeal has been preferred, which is pending consideration before the 1st respondent. 4. Heard the learned Govt. Pleader as well. 5. In the above circumstances, the 1st respondent is directed to consider Ext.P7 and pass appropriate orders in W.P.(C) No. 8956/2011 - 2 - accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within 'three months' from the date of receipt of a copy of this judgment. It is made clear that all further proceedings pursuant to Ext.P4 shall be kept in abeyance till such time. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON , JUDGE