IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 16680 OF 2022
PETITIONER:
ABOOBACKER K.M.,
AGED 51 YEARS,
17/0, KIZHAKKE MUNDOTH HOUSE,
AALIPARAMBATH, CHATHAMANGALAM,
MALAYAMMA P.O., KOZHIKODE - 673601.
BY ADVS.
PHILIP J.VETTICKATTU
NEENU BERNATH
RESPONDENTS:
1 THE DISTRICT GEOLOGIST,
MINING AND GEOLOGY DEPARTMENT,
KOZHIKODE.
2 THE VILLAGE OFFICER,
ENGAPUZHA VILLAGE,
THAMARASSERY TALUK,
KOZHIKODE - 673615.
3 THE TAHSILDAR (LR),
THAMARASSERY,
KOZHIKODE - 673573.
SRI.SYAMANTHAK B.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.16680/2022
2
JUDGMENT
Dated this the 3rd day of June, 2022 The petitioner, who was issued with Transit Pass for transporting ordinary earth from a land in Engapuzha Village in Thamarassery Taluk, has filed this writ petition seeking to direct the 1st respondent to lift the temporary cancellation of Transit Passes effected as per Ext.P5.
2. The petitioner states that he, along with other owners of the land, had approached the Secretary to the Grama Panchayat and obtained Development Permit and Building Permit for constructing a Commercial Building in their land. The Secretary to Grama Panchayat issued Development Permit for cutting 13890 Cubic metres of WP(C)No.16680/2022 3 ordinary earth. On the applications made by the petitioner, Transit Passes were issued to the petitioner.
3. However, before the petitioner could remove the entire quantity of ordinary earth within the permitted time, the 1st respondent has issued Ext.P5 order cancelling the permission granted to the petitioner for transporting ordinary earth.
4. The petitioner submits that the temporary cancellation of Transit Passes is highly illegal and unjustified. The 1st respondent has cancelled the Transit Passes awaiting reports from the Tahsildar. Unless the 1 st respondent obtains reports from the Tahsildar and takes a final decision, the petitioner will be put to untold hardship and loss.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
WP(C)No.16680/2022 4
6. Ext.P5 order of the 1st respondent issued on 24.02.2022 would indicate that the permission granted to the petitioner for transportation of ordinary earth has been suspended. The 1st respondent effected the suspension in order to ascertain whether the land in question is one assigned under the Kerala Land Reforms Act, 1963. Ext.P5 indicates that the 1st respondent has called for reports from the Tahsildar, Thamarassery.
7. The Transit Passes were issued as early in the month of September, 2021. The ordinary earth is to be removed to facilitate a building construction. Therefore, any delay in finalising Ext.P5 proceedings would adversely affect the petitioner's right. In the circumstances, this Court is of the view that the 1st respondent shall take a final decision in the matter without further delay.
In the circumstances, the writ petition is disposed of directing the 3rd respondent to make available the reports WP(C)No.16680/2022 5 sought for by the 1st respondent within a period of three weeks. The 1st respondent shall take a final decision in the matter within a further period of two weeks.
Sd/-
N. NAGARESH JUDGE SR WP(C)No.16680/2022 6 APPENDIX OF WP(C) 16680/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE SECRETARY TO THE GRAMA PANCHAYAT, DATED 22/04/2021.
Exhibit P2 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECRETARY DATED 22/04/2021.
Exhibit P3 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 24/09/2021.
Exhibit P4 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 04/02/2022.
Exhibit P5 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 24/02/2022.
SR