Kerala High Court
Siju C Abraham vs State Of Kerala on 19 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942
WP(C).No.7221 OF 2021(C)
PETITIONERS:
1 SIJU C ABRAHAM, CHERIYAMADATHIL HOUSE, THONNALLOOR,
PANDALAM P.O., ADOOR, PATHANAMTHITTA, KERALA 689 501
2 SURESHKUMAR P.G.,PAZHAYATTIL KIZHAKKETHAIL HOUSE,
THONNALLOOR, PANDALAM P.O., ADOOR,
PATHANAMTHITTA, 689 501
3 BINOY VARGHESE, SNEHABHAVAN, THONNALLOOR, PANDALAM
P.O., ADOOR, PATHANAMTHITTA, 689 501 THROUGH HIS
POWER OF ATTORNEY HOLDER, PONNAMMA THOMAS, SNEHA
BHAVAN, ULLANNOOR P.O., KOZHENCHERY.
4 CHERIYAN MATHEW, VADAKKEKARAYATHU HOUSE, ULANADU
P.O., PATHANAMTHITTA 689 503
THROUGH HIS POWER OF ATTORNEY HOLDER V.C. THOMAS,
VADAKKEKARAYATHU HOUSE, ULANADU P.O.,
PATHANAMTHITTA 689 503
BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR)
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 DISTRICT COLLECTOR
PATHANAMTHITTA 689 501
3 THE SENIOR GEOLOGIST, MINING AND GEOLOGY, MINI CIVIL
STATION, ARANMULA 689 532
4 PANDALAM THEKKEKARA GRAMA PANCHAYATH
REP.BY ITS SECRETARY, PANDALAM THEKKEKARA GRAMA
PANCHAYATH, THATTAYIL P.O., PATHANAMTHITTA 691 525
R1 TO R3 BY GOVT. PLEADER SRI. PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7221 OF 2021(C)
2
JUDGMENT
Dated this the 19th day of March 2021
The petitioners seek for a direction to the third
respondent for issuance of transit pass to transport red
earth from their property.
2. For the purpose of constructing a building in
their property, the petitioners have obtained a building
permit and a development permit from the panchayath. The
red earth extracted on the leveling of the property needs
to be transported, for which the petitioners need transit
pass. Seeking issuance of the same the petitioners have
submitted Ext P8 application before the third respondent
which is yet to be considered.
Writ Petition is disposed of directing the third
respondent to consider Ext P8 application and pass orders
on the same after conducting a site inspection. Let the
needful be done within a period of four weeks from the
date of receipt of a copy of this judgment.
Sd/-
SATHISH NINAN
JUDGE
vdv
WP(C).No.7221 OF 2021(C)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT ALONG
WITH THE APPROVED BUILDING PLAN ISSUED
BY THE PANCHAYATH.
EXHIBIT P2 TRUE COPY OF THE DEVELOPMENT PERMIT
ALONG WITH THE APPROVED DEVELOPMENT
PLAN ISSUED BY THE PANCHAYATH.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED
14.1.2020 IN W.P.(C) NO.832/2020
EXHIBIT P4 TRUE COPY OF THE REPORT OF THE
ASSISTANT GEOLOGIST DATED 29.6.2019
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 1.7.2020
OF THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE REQUEST DATED
4.8.2020
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE DATED
30.1.2021
EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED
9.3.2021
