Dileep Kumar vs Geologist
2021 Latest Caselaw 8864 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                       WP(C).No.5620 OF 2021(B)


PETITIONER:

               DILEEP KUMAR
               AGED 57 YEARS
               S/O.NAGAPPAN NADAR, KAIRALI NILAYAM, VLATHANKARA
               P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM
               DISTRICT, PIN-695 134.

               BY ADVS.
               SRI.R.T.PRADEEP
               SMT.M.BINDUDAS
               SRI.K.C.HARISH

RESPONDENTS:

      1        GEOLOGIST
               DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
               KESAVADASAPURAM, PATTOM PALACE P.O.,
               THIRUVANANTHAPURAM-695 004.

      2        STATION HOUSE OFFICER,
               PARASSALA POLICE STATION, PARASSALA P.O.,
               THIRUVANANTHAPURAM-695 502.


OTHER PRESENT:

               G.P SRI RAVI KRISHNAN.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 2
WP(C).No.5620 OF 2021(B)




                           JUDGMENT

A fish pond is situated in the 18.23 ares of property

in Survey No.432/29 of Chenkal Village owned by the

petitioner. The petitioner claims to have been conducting

a fish farm therein for over the past 30 years. As per the

compromise decree in O.S.No.67/2018 of the Principal

Munsiff's Court, Neyyattinkara, the petitioner is required

to construct side walls to the pond. For the purpose, he

needs to dig the sides of the pond and remove the clay

therefrom. The petitioner has filed Ext.P13 application

before the 1st respondent seeking such permission. The

petitioner relies on the 'No Objection Certificate' issued

by the Chenkal Grama Panchayat for construction of the

side walls.

After hearing the learned counsel for the petitioner

and the learned Government Pleader, I dispose of this

writ petition directing the 1st respondent to consider and

pass appropriate orders on the request of the petitioner

(Ext.P13), as expeditiously as possible and at any rate,

WP(C).No.5620 OF 2021(B)

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

copy of this judgment.

Writ Petition is disposed of as above.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.5620 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 23.02.2017 BY TAHSILDAR, NEYYATTINKARA ENDORSING THE FACT THAT HE IS CONDUCTING FISH FARMING FOR THE LAST 30 YEARS.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 19.04.2017 ISSUING TRANSIT PERMIT FOR TRANSPORTATION OF DRUDGED OUT CLAY FROM THE FISH POND BY 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 01.10.2019 IN WPC NO.18787/2019.

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 19.10.2020 AS REGARD REMITTANCE OF ROYALTY OF RS.1,39,480/- FOR MISUSE OF MOVEMENT PERMIT.

EXHIBIT P5 TRUE COPY OF THE MOVEMENT PERMIT DATED 25.11.2020 BY 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE MINERAL TRANSIT PASS DATED 28.11.2020 WHICH WAS ISSUED ON THE STRENGTH OF MOVEMENT PERMIT.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 16.02.2021 BY 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE IN OS NO.67/2018 BEFORE THE COURT OF PRINCIPAL MUNSIFF, NEYYATTINAKRA.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 09.01.2019 IN OS NO.67/2018 BY THE COURT OF PRINCIPAL MUNSIFF, NEYYATTINKARA.

EXHIBIT P10 TRUE COPY OF THE DECREE DATED 09.01.2019 IN OS NO.67/2018 BY THE COURT OF PRINCIPAL MUNSIFF, NEYYATTINKARA.,

EXHIBIT P11 TRUE COPY OF THE PHOTOGRAPH OF FISH POND AND THE COLLAPSED RETAINING WALL.

WP(C).No.5620 OF 2021(B)

EXHIBIT P12 TRUE COPY OF THE DECISION OF PANCHAYAT NIL DATED.

EXHIBIT P13 TRUE COPY OF THE APPLICATION DATED 22.02.2021 BEFORE THE 1ST RESPONDENT.