Konnakkal Deepu Thomas vs Senior Geologist
2021 Latest Caselaw 1075 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                       WP(C).No.27003 OF 2020(A)


PETITIONER/S:

                KONNAKKAL DEEPU THOMAS,AGED 31 YEARS
                S/O.THOMAS, KONNAKKAL HOUSE, CHEMPANTHOTTY P.O.,
                NEDIYENGA AMSOM, TALIPARAMBA TALUK
                KANNUR DISTRICT - 670 631.

                BY ADVS.
                SRI.V.T.MADHAVANUNNI
                SRI.V.A.SATHEESH

RESPONDENT/S:

      1         SENIOR GEOLOGIST
                DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, CIVIL
                STATION, KANNUR - 670 002.

      2         STATE OF KERALA
                REPRESENTED BY SECRETARY, MINING ND GEOLOGY
                DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695
                001.


OTHER PRESENT:

                GP:SRI.K.J.MANURAJ

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27003 OF 2020(A)                 2




                                    JUDGMENT

Against Ext.P11 notice received by the petitioner under the Mines and

Minerals (Development and Regulation) Act and Rules, the petitioner has

preferred Ext.P12 reply before the 1st respondent. The limited prayer of the

petitioner is for a direction to the 1st respondent to consider and pass orders on

the same expeditiously, after hearing the petitioner.

2. Heard the learned counsel for the petitioner and also the learned

Government Pleader for the respondents.

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

1st respondent to consider and pass orders on Ext.P12 reply preferred by the

petitioner to Ext.P11 notice within an outer limit of three weeks from the date of

receipt of a copy of this judgment, after hearing the petitioner and others likely to

be affected by the orders to be passed by the 1 st respondent. The petitioner shall

produce a copy of the writ petition together with a copy of this judgment before

the 1st respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE GIFT DEED NO.627/2019 OF SUB REGISTRAR'S OFFICE, SREEKANDAPURAM EXECUTED IN FAVOUR OF THE PETITIONER DATED 11/3/2019.

EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, NIDIYENGA DATED 11/7/2019.

EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONER BY THE SECRETARY OF SREKANDAPURAM MUNICIPALITY DATED 25/2/2020.

EXHIBIT P4 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED TO THE PETITIONER BY THE SECRETARY OF SREKANDAPURAM MUNICIPALITY DATED 25/2/2020.

EXHIBIT P5 TRUE COPY OF THE APPROVED DEVELOPMENT PLAN ISSUED TO THE PETITIONER BY THE SECRETARY OF SREKANDAPURAM MUNICIPALITY DATED 25/2/2020.

EXHIBIT P6 TRUE COPY OF THE APPROVED BUILDING PLAN ISSUED TO THE PETITIONER BY THE SECRETARY OF SREKANDAPURAM MUNICIPALITY DATED 25/2/2020.

EXHIBIT P7 TRUE COPY OF THE SURVEY PLAN PREPARED BY THE VILLAGE OFFICER, NIDIYENGA.

EXHIBIT P8 TRUE COPY OF THE LOCATION CERTIFICATE ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, NIDIYENGA DATED 25/2/2020.

EXHIBIT P9 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, NIDIYENGA DATED 11/7/2019.

EXHIBIT P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO RESPONDENT NO.1 DATED 2/3/2020.

EXHIBIT P11 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE RESPONDENT NO.1 TO THE PETITIONER DATED 10/11/2020.

EXHIBIT P12 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE RESPONDENT NO.1 DATED 17/11/2020.

EXHIBIT P13 TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY TAKEN BY THE PETITIONER ON 24/11/2020.