Navas Kochumuhammad vs State Of Kerala
2021 Latest Caselaw 14434 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
         TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                         WP(C) NO. 9565 OF 2021
PETITIONERS:

     1      NAVAS KOCHUMUHAMMAD
            AGED 50 YEARS
            S/O. KOCHUMUHAMMAD, VALIYAVEETIL, NADACKAL P.O,
            ERATTUPETTA, KOTTAYAM 686 121

     2      RAJESH M
            AGED 45 YEARS
            S/O. MADHAVANKUTTY, RAJBHAVAN, KOLLAKADAVU P.O, CHERIYANAD,
            ALAPPUZHA 690 509

            BY ADVS.
            PRAVEEN K. JOY
            SRI.T.A.JOY
            SRI.E.S.SANEEJ
            SRI.M.P.UNNIKRISHNAN
            SMT.M.K.SAMYUKTHA
            SRI.N.ABHILASH
            SMT.M.R.ESHRATH BAI
            SHRI.DEEPU RAJAGOPAL



RESPONDENTS:

     1      STATE OF KERALA
            REPRESENTED BY SECRETARY, DEPARTMENT OF MINING AND GEOLOGY,
            SECRETARIAT, THIRUVANANTHAPURAM 695 001

     2      THE CHAIRMAN,
            STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, THAMAPANOOR,
            TRIVANDRUM 695 001.

     3      DISTRICT COLLECTOR,
            KOTTAYAM 686 001

     4      THE REVENUE DIVISIONAL OFFICER,
            KOTTAYAM 686 001

     5      THE VILLAGE OFFICER,
            ERATTUPETTA VILLAGE, KOTTAYAM 686 122
 WP(C) NO. 9565 OF 2021                  -2-


     6      GEOLOGIST,
            MINING AND GEOLOGY DEPARTMENT, KOTTAYAM 686 001

            BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL
            BY ADV. M.P.SREEKRISHNAN


     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
            ==================
                W. P. (C) No.9565 of 2021
            ==================
            Dated this the 13th day of July, 2021

                            JUDGMENT

The petitioner possesses Exts.P3, P4 and P5

development permit, building permit and approved site plan respectively, issued by the Panchayat. He

has filed Ext.P7 application before the sixth

respondent-Geologist, seeking issuance of transit

passes for removal of earth in accordance with the

permits. As per Ext.P3 development permit,

extraction of 2033 M3 of earth is permitted for

development of 4.58 Ares of property. Though the

petitioner had earlier preferred Ext.P6 application

dated 03.04.2021, the extent of property was

erroneously mentioned therein. Ext.P7 application

was filed when the mistake was noticed.

2. The writ petition is disposed of directing

the sixth respondent to consider and pass

appropriate orders on Ext.P7 application for

transit passes, in the light of Exts.P3 to P5

referred to above, and after conducting a site W. P. (C) No.9565 of 2021

inspection. Let orders 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) 9565/2021

PETITIONER ANNEXURE

EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPTS NO.

KL05040301985/2020 DATED 25-05-2020

EXHIBIT P2 THE TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 18-11-2020 WITH NO. 1986/20

EXHIBIT P3 THE TRUE PHOTOCOPY OF THE DEVELOPMENT PERMIT DATED 04-11-2020 WITH NO. A5-2326/2020

EXHIBIT P4 THE TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT WITH NO. A5-1115/20 DATED 06- 08-2020 OF THE THALAPPALAM GRAMA PANCHAYATH

EXHIBIT P5 THE TRUE COPY OF THE RELEVANT PAGE OF SITE PLAN APPROVED BY THE THALAPPALAM GRAMA PANCHAYATH

EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION BEFORE THE 6TH RESPONDENT DATED 3-4-2021

EXT.P7 TRUE COPY OF THE REPRESENTATION DATED 29.06.21.

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