Chacko Devasia vs The Geologist
2021 Latest Caselaw 8865 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.3668 OF 2021(G)


PETITIONER:

              CHACKO DEVASIA
              AGED 79 YEARS
              S/O. DEVASIA CHACKO, VALIPLACKAL HOUSE, ARUVITHARA
              P.O, KONDOR, KOTTAYAM DISTRICT 686 122

              BY ADVS.
              SRI.C.J.JOY
              SMT.VALSAMMA KURIAN JOSE

RESPONDENT:

              THE GEOLOGIST
              MINING AND GEOLOGY, DISTRICT OFFICE, MINI CIVIL
              STATION, THODUPUZHA P.O, IDUKKI DISTRICT PIN CODE 685
              584


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.3668 OF 2021(G)




                           JUDGMENT

In connection with the construction of a residential

building in the property of the petitioner having an

extent of 2.8.42 hectares in Kokkayar village, the

petitioner needs to extract hard rock and remove the

same. The petitioner has submitted Ext.P9 application

before the respondent seeking such permission. The

building permit obtained by him has also been produced

before the respondent. The application is pending

consideration.

The writ petition is disposed of directing the

respondent to consider and pass appropriate orders on

Ext.P9 request, with reference to Rule 106 of the Kerala

Minor Mineral Concession Rules, 2015 as expeditiously

as possible and at any rate, within a period of one month

from the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.3668 OF 2021(G)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT, 25-01-

2019 ISSUED TO THE PETITIONER FROM THE VILLAGE OFFICE, KOKKAYAR

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 25-01-2019 ISSUED TO THE PETITIONER FROM THE VILLAGE OFFICE

EXHIBIT P3 TRUE COPY OF THE LOCATION SKETCH DATED 25-

01-2019 ISSUED TO THE PETITIONER FROM THE VILLAGE OFFICE, KOKKAYAR

EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT DATED 26-

02-2019 ISSUED TO THE PETITIONER BY THE SECRETARY, KOKKAYAR GRAMA PANCHAYAT

EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT DATED 01-03-2019 FILED BY THE PETITIONER BEFORE THE RESPONDENT

EXHIBIT P6 TRUE COPY OF THE LETTTER DATED 26-03-2019 ISSUED BY THE RESPONDENT TO THE PETITIONER

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 9-10-2019 ISSUED BY THE RESPONDENT TO THE PETITIONER

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 25-11-2019 ISSUED BY THE RESPONDENT TO THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 25-05-

2020 SUBMITTED BY THE PETITIONER TO THE RESPONDENT

EXHIBIT P9 (a) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD DATED 29-05-2010 FOR THE RECEIPT OF EXT P19 APPLICATION BY THE RESPONDENT.