Kochu Chacko vs State Of Kerala
2021 Latest Caselaw 10538 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                        WP(C).No.8104 OF 2021(K)


PETITIONER/S:

                KOCHU CHACKO,AGED 58 YEARS
                S/O. ELIYAMMA CHACKO, RESIDING @ CYRIL BHAVANAM,
                AYIRANALLOOR, MANALIL, PUNALOOR 691 307

                BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM)

RESPONDENT/S:

      1         STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY,
                DEPARTMENT OF INDUSTRIES AND COMMERCE SECRETARIAT,
                TRIVANDRUM 695 001

      2         THE GEOLOGIST,DISTRICT OFFICE, DEPARTMENT OF MINING @
                GEOLOGY, KESAVANIKETHAN, ASRAMOM, KOLLAM 691 002

      3         SECRETARY,YEROOR PACHAYATH, YEROOR, KOLLAM 691 312

                BY G.P SRI. RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8104 OF 2021(K)




                                JUDGMENT

Dated this the 29th day of March 2021

For constructing a house in the 12.14 Ares of property

belonging to the petitioner, he has obtained a building

permit from the 3rd respondent. The development permit was

issued in favour of the petitioner in connection with the

same. Seeking permission for removal of earth from the

property for the purpose of such construction, the petitioner

has approached the 2nd respondent-Geologist as per Ext P1(a)

application dated 11.01.2021. Unless transit pass is issued,

the petitioner will be unable to remove the earth from the

property and proceed with construction.

The writ petition is disposed of directing the 2 nd

respondent to consider the petitioner's application

(Ext.P1(a)) on verifying the permits and after conducting a

site inspection, and pass appropriate orders within a period

of one month from the date of receipt of a copy of this

judgment.

Sd/-

SATHISH NINAN

JUDGE VDV WP(C).No.8104 OF 2021(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE RECEIPT OBTAINED FROM THE DEPARTMENT OF MINING AND GEOLOGY DEPARTMENT DATED 11-01-2021

EXHIBIT P1 A THE COPY OF THE COVERING LETTER ADDRESSED TO THE GEOLOGIST DATED 11-01-

EXHIBIT P1 B THE TRUE COPY OF THE AFFIDAVIT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 1ST JANUARY 2021

EXHIBIT P2 THE TRUE COPY OF THE BUILDING PLAN OF THE PETITIONERS RESIDENCE DATED 18-12-

EXHIBIT P2 A THE TRUE COPY OF THE BUILDING PEERMIT DATED 18-12-2020 OF THE PETITIONER.

EXHIBIT P3 THE TRUE COPY OF THE DEVELOPMENT PERMIT OBTAINED BY THE PETITIONER FROM THE 3RD RESPONDENTS OFFICE DATED 18-12-2020

EXHIBIT P4 THE TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PETITIONERS PROPERTY DATED 16-10-2020

EXHIBIT P5 THE TRUE COPY OF THE LOCATION SKETCH OBTAINED FROM THE VILLAGE OFFICE OF THE PETITIONERS PROPERTY