IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 14788 OF 2022
PETITIONERS:
1 DR. SABEER S.,
S.R. COTTAGE, CHADAYAMANGALAM,
CHADAYAMANGALAM P.O.,
KOLLAM DISTRICT 691 534.
2 DR. KANSA BEEGAM,
S.R. COTTAGE, CHADAYAMANGALAM,
CHADAYAMANGALAM P.O.,
KOLLAM DISTRICT 691 534.
BY ADVS.
ARUN MATHEW VADAKKAN
ABDUL RASHIQ A.
RESPONDENTS:
1 THE DIRECTOR,
DEPARTMENT OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTAM PALACE P.O.,
THIRUVANANTHAPURAM 695 004.
2 THE GEOLOGIST,
DISTRICT OFFICE, DEPARTMENT OF MINING AND
GEOLOGY,
KESAVANIKETHAN, ASRAMAM, KOLLAM 691 002.
3 THE ASSISTANT GEOLIGIST,
DISTRICT OFFICE, DEPARTMENT OF MINING AND
GEOLOGY,
KESAVANIKETHAN, ASRAMAM, KOLLAM 691 002.
BY SMT.PARVATHY.K., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 14788 OF 2022
2
MOHAMMED NIAS. C.P.,J
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WP(C)No. 14788 of 2022
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Dated this the 29th day of April, 2022
JUDGMENT
The petitioners submit that they intend to construct a commercial building in their property having an extent of 10.12 Ares comprised in Survey No.91/4-2-2 in Velinallur Village, Kottarakkara Taluk, Kollam District , for which the Panchayath has stated to have issued a building permit. The petitioners submit that as per Rule 14 of the Kerala Minor Mineral Concession Rules, where transportation is required, the owner shall pay royalty for the quantity to be transported and accordingly the petitioners have submitted Ext.P4 application along with the required documents before the 2 nd respondent on 24.03.2022 and pray for a directions to consider the application within a time limit.
2. After hearing the learned counsel on either side, I find the request to be reasonable.
3. Accordingly, there will be a direction to the 2 nd respondent to consider and pass orders on Ext.P4 application, in accordance with law, within a period of three weeks from WP(C) NO. 14788 OF 2022 3 the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioners.
Writ petition is disposed as above.
Sd/-
MOHAMMED NIAS. C.P.,JUDGE dlK 29.04.2022 WP(C) NO. 14788 OF 2022 4 APPENDIX OF WP(C) 14788/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF LAND TAX RECEIPT DATED 12.11.2021 ISSUED BY VILLAGE OFFICER, VELINALLUR VILLAGE, KOTTARAKKARA TALUK. Exhibit P2 TRUE COPY OF POSSESSION CERTIFICATE DATED 10.11.2021 ISSUED BY VILLAGE OFFICER, VELINALLUR VILLAGE.
Exhibit P3 TRUE COPY OF SITE APPROVAL AND BUILDING PERMIT ISSUED TO THE PETITIONERS BY THE VELINALLUR, GRAMA PANCHAYATH DATED 05.03.2022.
Exhibit P4 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONERS FOR GRANTING PERMIT FOR EARTH REMOVING DATED 24.3.2022 TO THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF LOCATION SKETCH ISSUED BY VILLAGE OFFICER, VELINALLUR VILLAGE.