Mrs.P Girija vs The Geologist

Kerala High Court

Mrs.P Girija vs The Geologist on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                     WP(C) NO. 21487 OF 2017
PETITIONER:

         MRS.P GIRIJA
         AGED 62 YEARS
         W/O M.UNNIKRISHNA MENON, AGED 62 YEARS,
         RESIDING AT 'PRANAVAM', PALIYAM ROAD,
         THRISSUR-680001
         BY ADVS.
         SRI.M.UNNIKRISHNA MENON
         SRI.C.CHANDRASEKHARAN


RESPONDENTS:

    1    THE GEOLOGIST
         DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
         MINI CIVIL STATION, 1ST FLOOR, CHEMPOOKAVU,
         THRISSUR-68020.
 ADDL.R2 THE THRISSUR CORPORATION
         REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
         THRISSUR-680001.
         [ADDL.R2 IS IMPLEADED AS ADDITIONAL 2ND RESPONDENT
         AS PER ORDER DATED 06.07.2017 IN IA NO.10199/2017]
         BY ADV SRI. SANTHOSH P.PODUVAL, SC, THRISSUR
         CORPORATION
         SRI.RIYAL DEVASSY, GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.21487/2017
                              ..2..


                 P.V.KUNHIKRISHNAN, JUDGE
            =========================
                 W.P(C) No.21487 of 2017
           ==========================
            Dated this the 21st day of May, 2024

                         JUDGMENT

The above writ petition is filed with following prayers:

"i. Issue a writ in the nature of mandamus directing the Respondent to issue the required permission and pass under O(A) Form to remove ordinary earth form the site where Ext. P-1 was issued; without any further ado or delay, or stipulating a short time limit.

ii. Issue such other writ, order or direction as this honourable court deems fit and proper in the circumstances of the case."(sic)

2. Heard the learned counsel appearing for the 3 rd respondent - Thrissur Corporation.

3. The main prayer is to remove earth based on Ext.P1 Building Permit. The validity of Ext.P1 Permit is already over. In such circumstances, the prayers in this writ petition are infructuous. Moreover, there is no representation also for the petitioner.

In the light of the fact that, Ext.P1 Building Permit is WP(C)No.21487/2017 ..3..

already expired, no further orders can be passed in this writ petition. Therefore, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ACR WP(C)No.21487/2017 ..4..

APPENDIX OF WP(C) 21487/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT DATED 30/8/2016 ISSUED TO THE PETITIONER BY THE THRISSUR CORPORATION.

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 7/11/2016 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER ALONG WITH EXT.P2 EXHIBIT P4 TRUE COPY OF THE INTERIM DIRECTION DATED 5/4/2016 ISSUED BY THE HON'BLE HIGH COURT OF KERALA IN WPC 38854/2016 EXHIBIT P5 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 23/5/2017 ISSUED BY THE THRISSUR CORPORATION EXHIBIT P6 TRUE COP OF THE AFFIDAVIT (CONSENT LETTER) DATED 9/6/2017 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 9/6/2017 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT EXHIBIT P9 TRUE COPIES OF THE PHOTOGRAPHS OF THE SITE TAKEN ON 26/6/2017