Fasiludeen vs The Geologist, Mining And Geology

Citation : 2022 Latest Caselaw 5792 Ker
Judgement Date : 27 May, 2022

Kerala High Court
Fasiludeen vs The Geologist, Mining And Geology on 27 May, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
       FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                        WP(C) NO. 17220 OF 2022
PETITIONER/S:

          FASILUDEEN, AGED 55 YEARS
          S/O ABDUL HAMEED, FAHIS MANZIL
          KANNAM KODU, KOLINJI
          KUMMIL, KADAKKAL, VATTATHAMARA PO
          KOLLAM DISTRICT 691 536

          BY ADV VIDYA G NAIR



RESPONDENT/S:

          THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT
          DISTRICT OFFICE, KESAVANIKETHAN,
          ASRAMAM, KOLLAM DISTRICT 691 002

          BY SR.GP ADV.VINITHA B.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17220 OF 2022     ..2.



                       JUDGMENT

The petitioner has submitted Ext.P4 application before the respondent for removal of ordinary earth for the purpose of construction of his residential building. The petitioner states that the petitioner has also paid the royalty as per Ext.P5. The grievance of the petitioner is that Ext.P4 is not so far taken up for consideration by the respondent.

2. Heard the learned Counsel for the petitioner and the learned Government Pleader.

3. There will be a direction to the respondent to consider Ext.P4 and pass appropriate orders, in accordance with law, within a period of six weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

Sd/-

                          MURALI PURUSHOTHAMAN
                                 JUDGE
SB/27/05/2022
 WP(C) NO. 17220 OF 2022     ..3.




                          APPENDIX

EXT.P1 THE TRUE COPY OF TAX RECEIPT DATED 28.01.22 EXT.P2 TRUE COPY OF THE LOCATION MAP APPROVED BY THE VILLAGE OFFICER, KUMMIL VILLAGE OFFICE DATED 8.01.22 EXT.P3 TRUE COPY OF THE SITE APPROVAL AND ABUILDING PERMIT DATED 15.03.22 EXT.P4 TRUE COPY OF THE APPLICATION FOR THE EXCAVATION AND REMOVAL OF ORDINARY EARTH SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ON 5.4.22 EXT.P5 TRUE COPY OF THE CAS RECEIVED RECEIPT OF THE DISTRICT TREASURY, KOLLAM.