K.C.Sanil Kumar vs Geologist
2021 Latest Caselaw 4896 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021/21ST MAGHA,1942

                      W.P(C).No.2159 OF 2021(T)


PETITIONER:

              K.C.SANIL KUMAR
              AGED 51 YEARS
              S/O.K.P.CHANDRASHEKHARAN NAIR, KUZHIMATTATHIL HOUSE,
              MUVATTUPUZHA TALUK, MUVATTUPUZHA VILLAGE, MUVATTUPUZHA
              P.O., ERNAKULAM DISTRICT PIN 686 661

              BY ADV. SRI.MANOJ P.KUNJACHAN

RESPONDENT:

              GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
              KAKKANADU, ERNAKULAM DISTRICT PIN 682 030

              BY SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
    FOLLOWING:
 W.P.(C).No.2159/2021             :: 2 ::




                         JUDGMENT

The petitioner has preferred Ext.P4 application before the

respondent seeking a transit pass for removal of ordinary earth.

The limited prayer of the petitioner is for a direction to the

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

expeditiously, after hearing him.

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

also the learned Government Pleader for the respondent.

On a consideration of the facts and circumstances of the

case and 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 issuance of transit pass, within an outer

limit of 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 respondent, for further action.

Sd/-

                            A.K.JAYASANKARAN NAMBIAR
                                        JUDGE

prp/10/2/2021
     W.P.(C).No.2159/2021            :: 3 ::




                                 APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1                 A TRUE COPY OF THE POSSESSION CERTIFICATE

ISSUED BY THE VILLAGE OFFICER, ENANELLOOR VILLAGE DATED 23.3.2020

EXHIBIT P2 A TRUE COPY OF THE BUILDING PERMIT DATED 2.6.2020

EXHIBIT P3 A TRUE COPY OF THE DEVELOPMENT PERMIT DATED 8.6.2020

EXHIBIT P4 A TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE RESPONDENT DATED 7.10.2020

EXHIBIT P5 A TRUE COPY OF THE CHALAN DATED 21.12.2020.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE