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Satheesh vs State Of Kerala

High Court Of Kerala|24 June, 2014
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JUDGMENT / ORDER

------------------- Petitioner challenges Ext.P6 order passed by the third respondent. By Ext.P6, it was indicated that the appellate authority is not the Special Secretary since the impugned order is passed under the Explosives Act. This order apparently is incorrect. In view of the fact the impugned order in the appeal was an order passed by the District Collector under the Kerala Minor Mineral Concession Rules, 1967, the appellate authority is the Special Secretary, Industries Department as per the notification No. 20944/G3/69/1D dated 16.11.1978.
2. In the said circumstances, I am of the view that the 3rd respondent himself has to consider the entire matter in accordance with law. Hence, setting aside Ext.P6, the matter is relegated back to the 3rd respondent to consider the appeal afresh and in accordance with law. This may be done within a period of one month from the date of receipt of the copy of the judgment.
Writ petition is disposed of as above.
Sd/- A.M.SHAFFIQUE, JUDGE lsn
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Title

Satheesh vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
24 June, 2014
Judges
  • A M Shaffique
Advocates
  • Sri Paul K Varghese