Shahul Hameed vs State Of Kerala
2021 Latest Caselaw 4535 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

   MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                     WP(C).No.2210 OF 2021(A)


PETITIONER:

               SHAHUL HAMEED
               AGED 50 YEARS
               S/O.AZEEZ NOORUDEEN, RESIDING AT SADIQUE MANZIL,
               HS WARD, VALACODE P.O., KOLLAM-691331.

               BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM)

RESPONDENTS:

      1        STATE OF KERALA
               TO BE REPRESENTED BY PRINCIPAL SECRETARY,
               DEPARTMENT OF INDUSTRIES AND COMMERCE SECRETARIAT,
               TRIVANDRUM-695001.

      2        THE GEOLOGIST,
               DISTRICT OFFICE DEPARTMENT OF MINING AND GEOLOGY,
               KESAVANIKETHAN, ASRAMOM, KOLLAM-691002.

      3        ENGINEER,
               DEPARTMENT OF URBAN AFFAIRS, PUNALUR MUNICIPALITY,
               PUNALUR-691305.

      4        SECRETARY,
               PUNALUR MUNICIPALITY, PUNALUR, KOLLAM-691305.

               R4 BY SHRI.MANOJ RAMASWAMY, SC, PUNALUR
               MUNICIPALITY

               BY GOVERNMENT PLEADER SRI.A RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                       :2:
W.P(C).No.2210 of 2021



                               JUDGMENT

The petitioner has preferred an application as evidenced by Ext.P1

receipt before the 2nd respondent seeking a transit pass for removal of

ordinary earth. The limited prayer in the writ petition is for a direction to

the 2nd respondent to consider and pass orders on the same,

expeditiously, after hearing him.

2. I have heard the learned counsel for the petitioner as also the

learned Government Pleader for the official respondents of the State.

On a consideration of the facts and circumstances of the cases as

also the submissions made across the bar, I dispose the writ petition with

a direction to the 2nd respondent to visit the premises of the petitioner

ascertain the facts, and then pass an order on the application evidenced

by Ext.P1 for transit pass within three weeks from the date of receipt of

a copy of this judgment, after hearing the petitioner. The petitioner

shall produce a copy of the writ petition together with a copy of this

judgment before the 2nd respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

mns/08.02.2021

W.P(C).No.2210 of 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE RECEIPT OBTAINED FROM THE DEPARTMENT OF MINING AND GEOLOGY DEPARTMENT DATED 03.11.2020.

EXHIBIT P1(A)            THE TRUE COPY      OF THE COVERING    LETTER
                         ADDRESSED   TO      THE  GEOLOGIST     DATED
                         03.11.2020.

EXHIBIT P2               THE TRUE COPY OF THE BUILDING PLAN OF THE

PETITIONERS RESIDENCE DATED 30.09.2020.

EXHIBIT P2(A) THE TRUE COPY OF THE BUILDING PERMIT DATED 30.09.2020 OF THE PETITIONER.

EXHIBIT P3 THE TRUE COPY OF THE DEVELOPMENT PERMIT OBTAINED BY THE PETITIONER FROM THE 4TH RESPONDENTS OFFICE DATED 21.10.2020.

EXHIBIT P4 THE TRUE COPY OF THE LAND TAX RECEIPT IN THE NAME OF THE PETITIONER AND HIS WIFE DATED 25.08.2020.

EXHIBIT P5 THE TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PETITIONERS PROPERTY DATED 07.09.2020.

EXHIBIT P6 THE TRUE COPY OF THE LOCATION SKETCH OBTAINED OF THE PETITIONERS PROPERTY DATED 09.09.2020.

EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 11.01.2021.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE