Rajan vs State Of Kerala
2021 Latest Caselaw 3104 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                        WP(C).No.1472 OF 2021(H)


PETITIONER/S:

      1         RAJAN,
                AGED 55 YEARS
                S/O. VASUDEVAN, PUTHENVILA VEEDU, EDAYAM, EDAMULKKAL
                VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT.

      2         SAJIKUMAR
                AGED 51 YEARS
                S/O. VASUDEVAN, PUTHENVILA VEEDU, EDAYAM, EDAMULKKAL
                VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT.

                BY ADV. SRI.ANCHAL C.VIJAYAN

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
                DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM, PIN - 695 001.

      2         DISTRICT COLLECTOR
                KOLLAM, PIN - 691 0013.

      3         SENIOR GEOLOGIST
                DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
                ASRAMAM, KOLLAM, PIN - 691001.


OTHER PRESENT:

                GP: PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1472 OF 2021(H)
                                        2

                                    JUDGMENT

The petitioner has approached this Court aggrieved by the inaction

on the part of 3rd respondent, in considering and passing orders on

Exts.P7 and P9 applications for transit pass. In the writ petition, the

petitioner has produced as Exts.P4 and P6 development permits that have

been issued by the local authority, in respect of the lands in question. The

limited prayer in the writ petition is for a direction to the 3 rd respondent to

consider and pass orders on Exts.P7 and P9 applications, expeditiously,

after taking note of the development permits issued by the respondent

Corporation.

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

also the learned Government Pleader appearing for the respondents.

On a consideration of the facts and circumstances of the case as also

the submissions made across the Bar, I dispose the writ petition by

directing the 3rd respondent Geologist, to inspect the premises in question

and thereafter pass orders on Exts.P7 and P9 applications preferred by the

petitioner and taking note of the development permits issued to the

petitioner, within an outer time 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 3rd respondent, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

SJ WP(C).No.1472 OF 2021(H)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT NO.KL 0206806542/2020 DATED 13.10.2020 ISSUED BY THE VILLAGE OFFICER, EDAMULAKKAL TO THE 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF TAX RECEIPT NO.KL 0206806547/2020 DATED 13.10.2020 ISSUED BY THE VILLAGE OFFICER, EDAMULAKKAL TO THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF BUILDING PERMIT NO.E4 8408/2020 (20-21) DATED 22.12.2020 ISSUED BY THE SECRETARY OF EDAMULAKKAL GRAMA PANCHAYAT TO THE 1ST PETITIONER.

EXHIBIT P4 TRUE COPY OF THE DEVELOPMENT PERMIT NO.E4-

8407/2020 (20-21) DATED 22.12.2020 IN FAVOUR OF THE 1ST PETITIONER ISSUED BY THE SECRETARY OF EDAMULAKKAL GRAMA PANCHAYAT.

EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT NO.E4 8409/2020 (20-21) DATED 22.12.2020 ISSUED BY THE SECRETARY OF EDAMULAKKAL GRAMA PANCHAYAT TO THE 2ND PETITIONER.

EXHIBIT P6 TRUE COPY OF DEVELOPMENT PERMIT NO.E4 8410/2020 (20-21) DATED 22.12.2020 ISSUED BY THE SECRETARY OF EDAMULAKKAL GRAMA PANCHAYAT TO THE 2ND PETITIONER.

EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT DATED 15.01.2021 FOR MINERAL TRANSIT PASSES.

EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT DATED 15.01.2021 FOR MINERAL TRANSIT PASSES.

EXHIBIT P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT DATED 15.01.2021 FOR MINERAL TRANSIT PASSES.

EXHIBIT P10 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE 2ND PETITIONER ALONG WITH EXHIBIT P9 APPLICATION.