IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WA.No. 565 of 2010 ------------------------- AGAINST THE ORDER IN WPC.5343/2010 DATED 22.3.2010 .................... APPELLANTS/PETITIONERS --------------------------------------- 1. SATHEESH KUMAR,S/O.KUNJUKRISHNA PILLAI, AGED 46, SATHKALA, TAGORE ROAD, THIRUMALA P.O.,TRIVANDRUM. 2. MOHANAN, S/O.DASAN,SHIBU BHAVAN, AGED 48 TAGORE ROAD, THIRIUMALA P.O.,TRIVANDURM. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. DEPUTY TAHSILDAR (REVENUE RECOVERY), THIUVANANTHAPURAM. 2. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT,DISTRICT OFFICE, THIRUVANANTHAPURAM. 3. STATE OF KERALA,REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 4. JOINT SECRETARY TO GOVERNMNET, INDUSTRIES DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, (APPELLATE AUTHORITY) BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & C.N.Ramachandran Nair, J. ------------------------------------------ W.A. No.565 of 2010 ------------------------------------------ Dated this the 7th day of April, 2010 JUDGMENT C.N.Ramachandran Nair, J. This writ appeal is filed against the order of the learned Single Judge dated 22nd March, 2010 in W.P.(C) No.5343 of 2010 vacating the stay granted earlier. 2. During the hearing of the writ appeal, learned counsel for the appellants submitted that already Rupees four lakhs have been remitted. It is the further contention of the appellants that the pit formed on account of mining is also filled up and, therefore, compensation cannot be recovered from them. 3. In the circumstances, we feel that the stay granted earlier can be extended for a period of three months and in the reopening day the Registry will list the writ petition itself for hearing. Accordingly, the writ appeal is disposed of granting stay against recovery from the appellants for a period of three months from W.A. No.565 of 2010. - 2 - today. The Registry will post W.P.(C) No.5343 of 2010 before the learned Single Judge for disposal on 17.5.2010. J.Chelameswar, Chief Justice C.N.Ramachandran Nair, Judge vns