Anice George vs Geologist
2021 Latest Caselaw 4691 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

        TUESDAY, THE 09TH DAY OF FEBRUARY 2021/20TH MAGHA,1942

                      W.P(C).No.2155 OF 2021(T)


PETITIONER:

              ANICE GEORGE
              AGED 68 YEARS
              W/O GEORGE, VARIKKATTU HOUSE, AYAVANA, ENANELLOOR,
              MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN-686668.

              BY ADV. SRI.MANOJ P.KUNJACHAN

RESPONDENT:

              GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
              KAKKANADU, ERNAKULAM DISTRICT, PIN-682030.

              BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER

        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
   ON 09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
   FOLLOWING:
 W.P.(C).No.2155/2021              :: 2 ::




                            JUDGMENT

The petitioner has preferred Ext.P4 application before the

respondent seeking a transit pass for removal of ordinary earth.

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

respondent to consider and pass orders on Ext.P4 application,

expeditiously, after hearing the petitioner.

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

also the learned Government Pleader for the respondent.

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 respondent to inspect the

premises of the petitioner, and thereafter consider and pass orders

on Ext.P4 application for transit pass, within an outer time limit of

four 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

respondent, for further action.

Sd/-

                              A.K.JAYASANKARAN NAMBIAR
                                          JUDGE
prp/9/2/2021
     W.P.(C).No.2155/2021           :: 3 ::




                                 APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1                 A TRUE COPY OF THE POSSESSION CERTIFICATE

ISSUED BY THE VILLAGE OFFICER ENANELLOOR VILLAGE DATED 11/05/2020.

EXHIBIT P2 A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 08/06/2020.

EXHIBIT P3 A TRUE COPY OF THE DEVELOPMENT PERMIT DATED 08/06/2020.

EXHIBIT P4 A TRUE COPY OF THE APPLICATION SUBMITTED BEFORE TEH RESPONDENT DATED 07/10/2020.

EXHIBIT P5 A TRUE COPY OF THE CHALAN DATED 18/12/2020.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE