Lawrence Joseph vs The Director Of Mines Safety on 1 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22534 of 2008(G)


1. LAWRENCE JOSEPH, NAMBUKALAKTH HOUSE,
                      ...  Petitioner

                        Vs



1. THE DIRECTOR OF MINES SAFETY,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE VILLAGE OFFICER, VILLAGE OFFICE

                For Petitioner  :SRI.JOSE DAVIS

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble MR. Justice V.GIRI

 Dated :01/12/2008

 O R D E R
                       V.GIRI, J.
       -------------------------
           W.P.(C).No.22534 of 2008
       -------------------------
        Dated this the 1st day of December, 2008.


                     JUDGMENT

The petitioner challenges certain

conditions contained in Ext.P1 order issued

under Section 22(3) of the Mines Act, 1952 by

the Village Officer, Moonnilavu, Kottayam

District.

2. It is pointed out, in paragraph 23 of

the counter affidavit filed on behalf of the 1st

respondent, that Section 22(4) of the Mines Act

provides for an appeal by the owner, agent,

manager of the mine against the order issued

under Section 22(3) of the Act to the Chief

Inspector of Mines. In these circumstances, I am

not inclined to consider the petitioner’s

contention on merits. But, it is made clear that

if the petitioner files an appeal against the

order, the appellate authority shall treat the

same as presented within time and proceed to

dispose it of without further delay, at any

W.P.(C).NO.22534/08

:: 2 ::

rate, within three months from the date of

receipt of a copy of this judgment.

Writ petition is disposed of as above.

Petitioner shall produce a copy of this judgment

and a copy of the writ petition, along with the

appeal. The other contentions raised by the

petitioner are left open.

Sd/-

(V.GIRI)
JUDGE
sk/

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