K.K.Joy vs District Geologist
2021 Latest Caselaw 17015 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 12TH DAY OF AUGUST 2021/21ST SRAVANA, 1943
                    WP(C) NO. 15673 OF 2021


PETITIONER:

         K.K.JOY, AGED 54 YEARS,
         S/O.KURIAKOSE, KUMBADIYIL HOUSE,
         PATHAMUTTAM P.O., PIN-686 532,
         PATHAMUTTAM KARA, PANACHIKKAD VILLAGE,
         KOTTAYAM TALUK, KOTTAYAM DISTRICT.

         BY ADV M.P.MADHAVANKUTTY


RESPONDENTS:

    1    DISTRICT GEOLOGIST,
         DISTRICT OFFICE,
         DEPARTMENT OF MINING AND GEOLOGY,
         COLLECTORATE P.O.,
         KOTTAYAM, PIN-686 002.

    2    PANACHIKKADU GRAMA PANCHAYATH,
         REPRESENTED BY ITS SECRETARY,
         PANACHIKKADU P.O.,
         KOTTAYAM, PIN-686 533.

    3    SECRETARY,
         PANACHIKKADU GRAMA PANCHAYATH,
         PANACHIKKADU P.O.,
         KOTTAYAM, PIN-686533.

         R1 BY SRI.APPU P.S., GOVT.PLEADER
         R2-R3 BY SRI.NANDAGOPAL S KURUP, SC

     THIS WRIT PETITION       (CIVIL) HAVING COME UP   FOR
ADMISSION ON 12.08.2021,      THE COURT ON THE SAME    DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15673/2021
                                  :2 :




                          JUDGMENT

~~~~~~~~~

Dated this the 12th day of August, 2021

The petitioner has filed this writ petition seeking to

direct the 1st respondent to extend the time frame stipulated in

Ext.P5 permit and to declare that the petitioner is entitled to

remove ordinary earth from his property on the basis of Ext.P5

permit after getting it renewed.

2. The petitioner owns 22 Ares and 68 M2 of property

in Survey No.692/3/2, in Block No.20 of Panachikkadu Village

of Kottayam Taluk. The petitioner states that he has obtained

Ext.P1 Development Permit dated 23.11.2020, to develop the

land for constructing a residential house. Ext.P2 Building

Permit dated 17.11.2020 has also been issued to the

petitioner. The Building Permit is valid up to 16.11.2025,

contends the petitioner.

3. The petitioner approached the Mining and Geology

Department and obtained Ext.P5 permit to remove ordinary WP(C) No.15673/2021

earth in order to develop the land. The petitioner was

permitted to remove 3992 metric tons of ordinary earth before

03.03.2021. The local people obstructed removal of earth and

hence the petitioner was forced to file Ext.P6 O.S.

No.130/2021 before the Munsiff's Court, Kottayam. The

mother of the petitioner has filed Ext.P7 O.S. No.131/2021

against the petitioner to restrain the petitioner from extracting

earth causing damage to her property.

4. The suits are pending and no interim orders are

passed therein. The petitioner has to remove ordinary earth

and start construction. The petitioner therefore submitted

Ext.P8 letter dated 27.07.2021 to the 1 st respondent seeking

to extend the period of Ext.P5 Permit. However, the 1 st

respondent has not renewed the permit. It is in such

circumstances that the petitioner has filed this writ petition.

5. Heard the learned counsel for the petitioner, the

learned Government Pleader representing the 1 st respondent

and the learned Standing Counsel for respondents 2 and 3. WP(C) No.15673/2021

6. Ext.P5 permit has been given by the 1st respondent

to the petitioner for removal of ordinary earth for development

of land. The petitioner could not remove the earth within the

stipulated time due to obstruction from certain quarters.

Though suits are pending in the Court, the Civil Court has not

granted any interim or final orders so far. In such

circumstances, the 1st respondent is bound to consider Ext.P8

application made by the petitioner for renewal of Ext.P5 permit

for enlarging the time.

Therefore, the writ petition is disposed of directing

the 1st respondent to consider Ext.P8 application submitted by

the petitioner and pass orders thereon in accordance with law

within a period of one month.

Sd/-

N. NAGARESH, JUDGE

aks/24.08.2021 WP(C) No.15673/2021

APPENDIX OF WP(C) 15673/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE DEVELOPMENT PERMIT BEARING NO.A1.4615/2020 DATED 23.11.2020 ISSUED BY THE 2ND RESPONDENT GRAMA PANCHAYATH.

Exhibit P2            TRUE COPY OF THE BUILDING PERMIT
                      BEARING       NO.A1.3948/2020         DATED

17.11.2020 ISSUED BY THE 2ND RESPONDENT GRAMA PANCHAYATH.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE BEARING NO.1442/20 DATED 29.7.2020 ISSUED BY VILLAGE OFFICE, PANACHIKKAD.

Exhibit P4            TRUE COPY OF THE SITE PLAN OF HIS
                      PROPERTY   ISSUED    FROM    THE    VILLAGE

OFFICE, PANACHIKKAD DATED 29.7.2020.

Exhibit P5            TRUE COPY OF THE ORDER/PERMIT DATED
                      17.2.2021       BEARING       NO.976/2020-

2021/3008/DOY/ML/2020 ISSUED BY THE MINING AND GEOLOGY DEPARTMENT, KOTTAYAM.

Exhibit P6 TRUE COPY OF THE PLAINT IN O.S.NO.130/2021 BEFORE THE MUNSIFF'S COURT, KOTTAYAM DATED 24.2.2021.

Exhibit P7 TRUE COPY OF THE PLAINT IN O.S.NO.131/2021 BEFORE THE MUNSIFF'S COURT, KOTTAYAM DATED 24.2.2021.

Exhibit P8 TRUE COPY OF THE LETTER DATED 27.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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