Citation : 2021 Latest Caselaw 9248 Ker
Judgement Date : 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.7174 OF 2021(V)
PETITIONER:
GEETHA A.KURUP, W/O. V.R ACHUTHA KURUP, VAISHNAVAM,
THATTAYIL P.O, ADOOR, PANDALAM THEKKEKARA,
PATHANAMTHITTA DISTRICT 691 525
BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR)
RESPONDENT:
1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA, GOVERNMENT 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, REPRESENTED BY
ITS SECRETARY, PANDALAM THEKKEKARA GRAMA PANCHAYATH,
THATTAYIL P.O, PATHANAMTHITTA 691 525
R1 TO R3 BY GOVT. PLEADER SRI.RAVI KRISHNAN
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.7174 OF 2021(V)
2
JUDGMENT
Dated this the 19th day of March 2021
The petitioner seeks for a direction to the third
respondent for issuance of transit pass to transport red
earth from her property.
2. For the purpose of constructing a building in her
property, the petitioner has 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 petitioner needs transit
pass. Seeking issuance of the same the petitioner has
submitted Ext P3 application before the third respondent
which is yet to be considered.
The writ petition is disposed of directing the third
respondent to consider Ext P3 application and issue the
necessary passes 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.7174 OF 2021(V)
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE PANCHAYATH DATED 18-11-2020
EXHIBIT P2 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 18-11-2020 ALONG WITH THE APPROVED DEVELOPMENT PLAN ISSUED BY THE PANCHAYATH
EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 23-11-2020
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 04-03-2021
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