Sunnymon K. vs State Of Kerala
2021 Latest Caselaw 11399 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.9057 OF 2021(F)


PETITIONER:

               SUNNYMON K.,AGED 55 YEARS
               S/O. KUNJUKUNJU, THONDALIL PUTHEN VEEDU,
               PANAVELY P.O., KOTTARAKKARA, KOLLAM DISTRICT.

               BY ADV. SRI.MANOJ RAMASWAMY

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
               DEPARTMENT OF INDUSTRIES AND COMMERCE GOVERNEMNT
               SECRETARIAT, THIRUVANANTHAPURAM-695 002.

      2        THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION,
               KOLLAM DISTRICT-691 013.

      3        THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING
               AND GEOLOGY, KOLLAM DISTRICT-691 008.

      4        THE DEPUTY GENERAL MANAGER
               HINDUSTAN PETROLEUM CORPORATION LIMITED, ERNAKULAM
               NORTH P.O., ERNAKULAM-682 018.

      5        VETTIKAVALA GRAMA PANCHAYAT, VETTIKAVALA P.O.,
               KOTTARAKKARA, KOLLAM DISTRICT-691 538, REPRESENTED BY
               ITS SECRETARY.

      6        THE SECRETARY, VETTIKAVALA GRAMA PANCHAYAT,
               VETTIKAVALA P.O., KOTTARAKKARA,
               KOLLAM DISTRICT-691 538.

               R1 TO R3 BY GP SRI. PAUL ABRAHAM VAKKANAL
               R4 BY ADV. SRI.GOPIKRISHNAN NAMBIAR, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9057 OF 2021(F)

                                       2



                          Sathish Ninan, J.
                  ==============================
                      W.P.(C) No.9057 of 2021
                    ==========================
               Dated this the 8th day of April, 2021

                                 JUDGMENT

Ext P1 building permit and Ext P2 development

permit were issued by the 5 th respondent-panchayath in

favour of the petitioner. The petitioner was unable to

remove the permitted quantity of earth from the

property on the strength of the development permit,

within the period granted. Thereafter, the petitioner

submitted an application before the 3 rd respondent

Geologist seeking permission for removal of earth in

terms of the development permit. After inspection of

the premises, the 3rd respondent issued Ext P4

communication to the 6th respondent-Secretary of the

panchayath, to conduct a site inspection and make

available a report as to whether the earth removed is

in accordance with the permission granted. The

grievance of the petitioner is about the delay on the

part of the 6th respondent in forwarding a report on WP(C).No.9057 OF 2021(F)

inspection, as sought for in Ext P4 by 3 rd respondent

Geologist.

The Writ Petition is disposed of directing the 6 th

respondent to do the necessary in terms of the request

in Ext P4 and have the report forwarded to the 3 rd

respondent - Geologist as expeditiously as possible

and at any rate within a period of two months from the

date of receipt of a copy of this judgment.

Sd/- Sathish Ninan, Judge

vdv WP(C).No.9057 OF 2021(F)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT VIDE NO.A3.4792/2020 DATED 3.2.2020 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF DEVELOPMENT PERMIT VIDE NO.A3.6/2020 DATED 3.3.2020.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11.6.2020 IN WPC NO.11378 OF 2020 OF THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF THE LETTER VIDE NO.936/DOQ/S2/2020 DATED 8.2.2021.

EXHIBIT P5 TRUE COPY OF THE NO OBJECTION CERTIFICATE VIDE NO.M7.61372/2018 DATED 26.2.2021 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, KOLLAM.