Sreeraj S. Pillai vs The State Of Kerala
2021 Latest Caselaw 14872 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
     THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                        WP(C) NO. 532 OF 2021
PETITIONER:

          SREERAJ S. PILLAI
          AGED 42 YEARS
          S/O V.G.SADASIVAN PILLAI,VELOOR HOUSE,
          VARAYANNOOR.P.O, THOTTAPUZHASSERY VILLAGE,
          THIRUVALLA TALUK,PATHANAMTHITTA DISTRICT,
          PIN CODE-689552.

          BY ADVS.
          VISHAK.K.JOHNSON
          SRI.S.S.ARAVIND
          NITHIN ANCHAL



RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY THE SECRETARY,LOCAL SELF GOVERMENT
          DEPARTMENT,STATE SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     KERALA STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY,
          REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM,PIN
          CODE-695001.

    3     GEOLOGIST,
          OFFICE OF MINING AND GEOLOGY,
          PATHANAMTHITTA,PIN CODE-689645.

    4     THE SECRETARY,AYIROOR GRAMA PANCHAYATH,
          AYROOR NORTH.P.O, AYIROOR VILLAGE,
          RANNI TALUK,PATHANAMTHITTA DISTRICT,
          PIN CODE-689612.

    5     THE VILLAGE OFFICER,
          AYIROOR VILLAGE,AYROOR NORTH.P.O,
          AYIROOR VILLAGE,RANNI TALUK,
          PATHANATHITTA DISTRICT,PIN CODE-689612.

    6     THE DISTRICT COLLECTOR,
          2ND FLOOR,COLLECTORATE,
                                  2
WP(C) NO. 532 OF 2021



          PATHANAMTHITTA DISTRICT,
          PIN CODE-689645.

          BY ADV.M.P.SREEKRISHNAN

          BY GOVT.PLEADER:SRI.RAVI KRISHNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                    3
WP(C) NO. 532 OF 2021




                              JUDGMENT

Petitioner obtained Ext.P1 building permit and Ext.P2

development permit for constructing a residential building

in his property. As per Ext.P3, the 3rd respondent issued

transit passes for removing earth in terms of the

development permit. The period of the permit expired on

16/10/2020. According to the petitioner, consequent on

incessant rains, the petitioner was unable to remove the

entire quantity of earth for which passes were issued.

Thereafter, the petitioner submitted Ext.P4 application for

renewal of transit passes for the balance quantity. The

application had been pending since 14/10/2020. The

petitioner seeks for expeditious consideration of the same

by the 3rd respondent.

Without expressing anything on merits, the writ

petition is disposed of directing the 3 rd respondent to

consider and pass appropriate orders on Ext.P4 application

referred to above, after conducting site inspection with

reference to the building permit, development permit and

WP(C) NO. 532 OF 2021

Ext.P3 order issued to the petitioner. Let orders be passed

within a period of two months from the date of receipt of a

copy of this judgment.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C) NO. 532 OF 2021

APPENDIX OF WP(C) 532/2021

PETITIONER ANNEXURE

EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT NO.A5 5674/2019 DATED 22/02/2020 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE DEVELOPMENT PERMIT NO.A5

-804/20 DATED 22/02/2020 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE SANCTION LETTER NO.97/2020-21/117/DOPTA/M/2020 DATED 09/10/2020 GRANTED TO THE PETITIONER ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 14/10/2020 SUBMITTED BY THE FATHER OF THE PETITIONER FOR AND ON BEHALF OF THE PETITIONER BEFORE THE 3RD RESPONDENT