Ajith K.Cheriyan vs The District Geologist
2021 Latest Caselaw 9305 Ker

              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.3609 OF 2021(A)


PETITIONER:

              AJITH K.CHERIYAN
              AGED 53 YEARS
              S/O.K.V.CHERIYAN, KANNUMPUTHOOR, AJI BHAVAN,
              CHENNEERKARA, PATHANAMTHITTA.

              BY ADVS.
              SRI.R.SUNIL KUMAR
              SMT.A.SALINI LAL

RESPONDENT:

      1       THE DISTRICT GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION,
              ARNAMULA, PATHANAMTHITTA-689 533.

      2       ADDL.R2.THE SECRETARY, CHENEERKARAGRAMA,
              CHENEERKARAGRAMA PANCHAYATH OFFICE, PATHANAMTHITTA
              SOUGHT TO BE IMPLEADED

      3       ADDL.R3.CHENEERKARAGRAMA PANCHAYATH, REP BY ITS
              SECRETARY, CHENEERKARAGRAMA PANCHAYATH OFFICE,
              PATHANAMTHITTA
              SOUGHT TO BE IMPLEADED

              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:
                                         2
WP(C).No.3609 OF 2021(A)




                                JUDGMENT

The writ petition is filed seeking the following

reliefs:

"i. To issue a writ of mandamus or any other

appropriate writ order or direction directing the

respondent to issue mineral transit pass to the

petitioner after inspecting the site and fixing the

royalty to be paid by the petitioner.

ii. To issue a writ of mandamus or any other

appropriate writ order or direction directing the

respondent to consider and dispose Ext.P3 application

within a period of 1 week.

iii. Pass such other orders as this Hon'ble court

deems fit and proper in the facts and circumstances of

the case."

2. The petitioner, who is the owner of 65.20 ares

of property, had obtained a building permit and a

development permit from the Panchayat. Application was

submitted before the respondent - Geologist for issuance

of mineral transit pass for removing earth from the

property.

WP(C).No.3609 OF 2021(A)

3. It is brought to the notice of this Court that,

pending the writ petition, the Geologist conducted a site

inspection and has reported that, though as per the

development permit 938.08 cubic meter earth was

permitted to be removed, the actual quantity excavated

is 5356.49 cubic meter.

4. Petitioner undertakes that he will pay the penalty

including royalty and fine.

The respondent shall consider the request and pass

appropriate orders, including on the issuance of transit

pass. Let orders be passed 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.3609 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF THE BUILDING PERMIT.

EXHIBIT P2 COPY OF THE LAND DEVELOPMENT PERMIT.

EXHIBIT P3 COPY OF THE APPLICATION BEFORE THE RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE ORDER NO 1302/DOPTA/M/2019 DATED 26.2.2021 ISSUED BY THE RESPONDENT