Padmavathi vs The District Geologist
2021 Latest Caselaw 14099 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                             WP(C) NO. 12206 OF 2021
PETITIONER:

              PADMAVATHI
              AGED 62 YEARS
              W/O.THE LATE.PEETHAMBARAN, KOLLOTTUKUNNUMPURATHU VEEDU,
              KARINGANNOOR P.O., VELINALLOOR, KOLLAM DISTRICT, PIN-
              691535.

              BY ADVS.
              K.SIJU
              S.ABHILASH
              S.REKHA KUMARI
              S.SEETHA
              ANJANA KANNATH



RESPONDENTS:

     1        THE DISTRICT GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY, ASRAMAM, KOLLAM, PIN-
              691008.

     2        THE DISTRICT COLLECTOR,
              CIVIL STATION, KOLLAM-691013.

     3        THE VILLAGE OFFICER
              VELINALLOOR VILLAGE, VELINALLOOR P.O., KOLLAM DISTRICT,
              PIN-691510.

     4        VELINALLOOR GRAMA PANCHAYAT,
              REPRESENTED BY ITS SECRETARY, OYOOR P.O., KOLLAM, PIN-
              691510.

              BY GOVT. PLEADER SRI.RAVIKRISHNAN
              BY BINDU SREEKUMAR, SC, VELINALLOOR GRAMA PANCHAYATH


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
              W. P. (C) No.12206 of 2021
          ==================
           Dated this the 7th day of July, 2021

                       JUDGMENT

According to the petitioner, for construction

of a residential building in her property having an extent of 16.20 Ares, she was issued with Exts.P4

and P5 building permit and development permit. As

per the development permit, 1904.5 M3 (3809 MT)

ordinary earth needs to be removed. Initially, as

per Ext.P6, the first respondent issued transit

passes for transportation of 1900 MT. Finding

misuse of the passes, the consent was revoked and

fine imposed. Thereafter, as per Ext.P7, passes

were issued for removal of a further quantity of

364 MT. Now the present request of the petitioner

is for permission to remove the balance quantity

from out of the total quantity of 3809 MT. The

petitioner has approached the first respondent for

the said purpose as per Ext.P9 application.

2. The learned Government Pleader points out

that, as noted in Ext.P7 order, the petitioner must W. P. (C) No.12206 of 2021

have removed quantity in excess of what is

permitted under Ext.P5 development permit. It is

for the first respondent to ascertain the facts and

pass appropriate orders.

In the result, without expressing anything on

merits, I dispose of this writ petition directing

the first respondent to consider Ext.P9 application

for transit passes, in the light of Exts.P4 to P7

and after conducting site inspection. Orders shall

be passed within a period of one month from the

date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 12206/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF POSSESSION CERTIFICATE DATED 18.11.2019 OF THE PROPERTY OF THE PETITIONER.

Exhibit P2 TRUE COPY OF LOCATION SKETCH DATED 18.11.2019 OF THE PROPERTY OF THE PETITIONER.

Exhibit P3 TRUE COPY OF TAX RECEIPT REGARDING PAYMENT OF LAND TAX WITH THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF SITE APPROVAL AND BUILDING PERMIT NO.A4-2943/2020 DATED 10.08.2020.

Exhibit P5 TRUE COPY OF DEVELOPMENT PERMIT NO.A4-

419/2020 DATED 10.08.2020.

Exhibit P6 TRUE COPY OF PROCEEDINGS OF THE 1ST RESPONDENT DATED 20.11.2020 GRANTING PERMISSION TO REMOVE ORDINARY EARTH.

Exhibit P7 TRUE COPY OF PERMISSION DATED 05.02.2021 GRANTED BY THE 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF PHOTOGRAPH OF THE PLOT SHOWING THE PARTIAL REMOVAL OF ORDINARY EARTH.

EXT.P9 A TRUE COPY OF THE REPRESENTATION DATED 22.06.21.

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