Jeomon Joseph vs Senior Geologist
2021 Latest Caselaw 1307 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

       THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

   WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                        WP(C).No.841 OF 2021(E)


PETITIONER/S:

                JEOMON JOSEPH
                AGED 43 YEARS
                S/O. C.T.JOSEPH, CHANNAPPALLIL HOUSE, PALLIPURAM
                P.O., CHERTHALA-688541, REPRESENTED BY HIS POWER OF
                ATTORNEY HOLDER C.T.JOSEPH, S/O. THOMAS,
                CHANNAPPALLIL HOUSE, PALLIPURAM P.O., CHERTHALA-
                688541.

                BY ADV. SRI.SHEJI P.ABRAHAM

RESPONDENT/S:

                SENIOR GEOLOGIST
                MINING AND GEOLOGY OFFICE, MINI CIVIL STATION,
                CHERTHALA, ALLEPPEY DISTRICT-688001.


OTHER PRESENT:

                GP K J MANURAJ

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.841 OF 2021(E)

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                                      JUDGMENT

The petitioner has approached this Court seeking a direction to the

respondent to consider his application for excavation of his land for the

purpose of constructing a building thereon. In the writ petition, it is the case

of the petitioner that although the application was filed as early as on

18.2.2020 and petitioner was called for a hearing in connection with the

application on 23.12.2020, the said hearing did not take place on account of

the Geologist being detected with Covid.

The learned Government Pleader would submit on instructions that the

hearing in connection with the application submitted by the petitioner can be

held on 27.1.2021. Taking note of the said submission, the writ petition is

disposed by directing the respondent to consider the application for excavation

submitted by the petitioner positively on 27.1.2021, and to pass orders thereon

within a week, thereafter. The petitioner shall appear before the respondent at

his office at 11.00 AM on 27.1.2021, for the hearing in connection with the

disposal of his application. 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

SJ WP(C).No.841 OF 2021(E)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 12.12.2019 IN F.A.O.NO.185/202.. OF THIS HON'BLE COURT.

EXHIBIT P2 COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONER BY THE GRAMA PANCHAYATH, PALLIPURAM DATED 10.3.2020.

EXHIBIT P3 COPY OF THE NOTICE DATED 14.9.2020 ISSUED BY THE RESPONDENT TO THE PETITIONER.

EXHIBIT P4 COPY OF THE REQUEST OF THE PETITIONER BEFORE THE RESPONDENT DATED 28.9.2020.

EXHIBIT P5 COPY OF THE REPLY OF THE VILLAGE OFFICER, PALLIPURAM VILLAGE OFFICE DATED 25.11.2020.

EXHIBIT P6 COPY OF THE REQUEST OF THE PETITIONER DATED 23.11.2020 BEFORE THE RESPONDENT.

EXHIBIT P7 COPY OF THE NOTICE DATED 30.11.2020 RECEIVED BY THE PETITIONER.