Ananthakrishnan R vs. State Of Kerala
Facts
The petitioner, Ananthakrishnan R, proprietor of M/s Aryaja Ash Bricks, filed a writ petition challenging an order of resumption (Ext.P18). The petitioner had previously submitted an appeal (Ext.P22) against this order. The petitioner's counsel argued that the respondents should consider and pass appropriate orders on the appeal before enforcing the order of resumption. The petitioner is represented by J. Julian Xavier and Firoz K. Robin, while the State of Kerala is represented by the Secretary, Industries Department, the Director of Industries and Commerce, and the General Manager, District Industries Centre, Palakkad. The matter was heard by the High Court of Kerala.
Held
The Court held that the petitioner's appeal (Ext.P22) is liable to be considered in accordance with law. The Court directed the 2nd respondent (The Director of Industries and Commerce) to take up, consider, and pass appropriate orders on Ext.P22 appeal within a period of three months from the date of receipt of a copy of the judgment. Furthermore, the enforcement of Ext.P18 order of resumption was ordered to be kept in abeyance until orders are passed on the appeal. The reasoning is based on the principle that an appeal should be adjudicated before the order under challenge is implemented. The ratio decidendi is that administrative authorities must consider pending appeals before enforcing adverse orders.
Key Issues
1. Whether the respondents are liable to consider and pass appropriate orders on the petitioner's appeal (Ext.P22) before enforcing the order of resumption (Ext.P18)? Petitioner's contention: The petitioner argued that the respondents should consider and pass appropriate orders on Ext.P22 appeal before Ext.P18 order is enforced against the petitioner. The petitioner relied on the principle that an appeal should be heard and decided before the order being appealed is executed. Revenue/State's contention: The judgment does not record any specific contention from the respondents regarding this issue. However, the court's direction implies that the respondents were expected to consider the appeal.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THUR AY, THE 13TH DAY OF SEPTEMBER 2018 / 22ND BHADRA, 1940 PETITIONER: ANANTHAKRISHNAN R AGED 53 YEARS S/O RAMAN (LATE), ARYAJA NILAYAM, CHETTIKULAM, ERATTUKULAM, PALAKKAD-678622, PROPRIETOR, M/S ARYAJA ASH BRICKS, NEW INDUSTRIAL DEVELOPMENT AREA, KANJIKODE, PALAKKAD BY ADVS. J. JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT/S: 1 STATE OF KERALA REP. BY ITS SECRETARY INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001 2 THE DIRECTOR OF INDUSTRIES AND COMMERCE VIKAS BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM-695001. 3 GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, PALAKKAD OTHER PRESENT: VINITHA.B GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT The petitioner has submitted Ext.P22 appeal against Ext.P18 order of resumption. It is submitted by the learned counsel for the petitioner that the respondents are liable to consider and pass appropriate orders on Ext.P22 appeal before Ext.P18 order is enforced as against the petitioner. Having heard the l
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