Rajeev C.R vs State Of Kerala
2021 Latest Caselaw 11006 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

  WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8200 OF 2021(Y)


PETITIONER:

               RAJEEV C.R.
               AGED 50 YEARS
               S/O.RAMACHANDRAN PILLAI, CHAMAKKALAYIL HOUSE,
               KADAYANIKKAD P.O., VELLAVUR, CHANGANASSERY,
               KOTTAYAM DISTRICT.

               BY ADV. SRI.MANOJ RAMASWAMY

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE PRINCIPAL SECRETARY TO
               GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695
               001.

      2        THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY
               DISTRICT OFFICE, KOTTAYAM DISTRICT - 686 002.

      3        KANGAZHA GRAMA PANCHAYATH
               KANGAZA P.O., KOTTAYAM DISTRICT - 686 541
               REPRESENTED BY ITS SECRETARY.

      4        THE SECRETARY, KANGAZHA GRAMA PANCHAYATH
               KANGAZA P.O., KOTTAYAM DISTRICT - 686 541.

               R1 & R2 BY GP SRI RAVI KRISHNAN
               R3 & R4 BY ADV. SRI.NANDAGOPAL S KURUP, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       Sathish Ninan, J.
              ==============================
                  W.P.(C) No.8200 of 2021
                ==========================
           Dated this the 7th day of April, 2021

                            JUDGMENT

For consideration of the petitioner's application

for development/ building permit for construction of a

building in his property, the petitioner was, as per

Ext P2 communication dated 18.03.2021, required by the

4th respondent to obtain an NOC from the department of

Mining and Geology.

2. The 2nd respondent Geologist as per Ext P4

communication clarified that for consideration of the

said application the NOC as sought for is not

necessary.

In the light of the above, the writ petition is

disposed of directing the 4 th respondent to consider

Ext P4 application without insisting for NOC from the

department of Mining and Geology.

                            Sd/-        Sathish Ninan, Judge

vdv
 WP(C).No.8200 OF 2021(Y)



                       APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1         TRUE COPY OF THE SITE PLAN SUBMITTED

ALONG WITH THE APPLICATIONS.

EXHIBIT P2 TRUE COPY OF THE INTIMATION VIDE NO.400522/BPDL01/GENERAL/2021/493 DATED 18/03/2021 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE CLARIFICATION VIDE NO.R.A.175/2021-LSGD DATED 11/02/2021 ISSUED BY THE 1ST RESPONDENT ALONG WITH THE LETTER VIDE NO.ICPCTP/2020-D3 DATED 30/01/2021 ISSUED BY THE CHIEF TOWN PLANNER.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.923/DOY/ML/2021 DATED 22/03/2021 ISSUED BY THE 2ND RESPONDENT.