Jose vs State Of Kerala
2021 Latest Caselaw 9936 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.6612 OF 2021(B)


PETITIONER:

               JOSE, AGED 62 YEARS
               S/O. ANTHONY, PUTHENPEEDIKA (H), KoDUPPASSERY P.O,
               KODUPPASSERY DESOM, THAZEKKAD VILLAGE, CHALAKUDY
               TALUK, THRISSUR DISTRICT, PIN-680 683

               BY ADVS.
               SRI.K.B.PRADEEP
               SHRI.HARISANKAR R
               SMT.PRIYA MARY P.L.

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY, DEPT. OF MINING AND
               GEOLOGY, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM,PIN-695 001

      2        THE DISTRICT COLLECTOR,THRISSUR, COLLECTORATE,
               AYYANTHOLE, THRISSUR ,PIN-680 003

      3        GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY,DISTRICT
               OFFICE, THRISSUR, CHEMBUKKAVU, PIN-680 020

      4        SAVUL, AGED 49 YEARS, S/O. KONGOTH ANTHONY,
               NAMBIKUNNU DESOM, THAZHEKKAD VILLAGE, CHALAKUDY
               TALUK, THRISSUR DISTRICT,PIN-680683

      5        MARY, AGED 73 YEARS, W/O. KONGOTH ANTHONY, NAMBIKUNNU
               DESOM, THAZHEKKAD VILLAGE, CHALAKUDY TALUK, THRISSUR
               DISTRICT,PIN-6806 83

      6        BINOY, AGED 47 YEARS, S/O PADMANABHAN, CHINGATHU (H),
               THAMBOOR DESOM, KOTTANALLOOR VILLAGE, MUKUNDAPURAM
               TALUK, THUMBOOR P.O.,PIN-680 662

      7        SUNNY, AGED 60 YEARS, S/O. OUSEPH, PATTATHUPARAMBIL ,
               NAMBIKUNNU DESOM, THAZHEKKAD VILLAGE, CHALAKUDY
               TALUK, THRISSUR DISTRICT,PIN-6806 83

      8        ANTONY, AGED 65 YEARS, S/O. THEETHAI LONAPPAN,
               THAZHEKKAD VILLAGE, CHALAKUDY TALUK, THRISSUR
 WP(C).No.6612 OF 2021(B)

                               2

             DISTRICT,PIN-6806 83

      9      GEORGE, AGED 72 YEARS, S/O. PATTATHUPARAMBIL
             LONAPPAN, VELUKKARA VILLAGE , DESOM, CHALAKKUDY
             TALUK

      10     SHYJU, AGED 46 YEARS
             S/O. PUTHANPEEDIKA KOCHUVARUNNI, VELUKKARA VILLAGE,
             DESOM, CHALAKUDY TALUK

             R1 TO R3 BY GOVT. PLEADER SRI.RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6612 OF 2021(B)

                                         3




                                JUDGMENT

Dated this the 24th day of March 2021

The writ petition is filed seeking the following

reliefs:

I) Call for the records leading to the

passing of Ext P7 order and quash the same by

issuing a writ in the nature of certiorari.

II) Issue a writ of mandamus or any other

writ commanding the 3rd respondent to issue a

transit pass to transport the already removed

earth from the petitioner's property.

III) Pass such other orders as this Hon.

Court may deem fit and proper in the facts

and circumstances of the case.

2. Ext P1 is the development permit granted to the

petitioner in connection with construction of a residential

house in his property having an extent of 42.36 Ares in

Survey S-583/3 of Thazhekad village. In terms of the

permit, the land was levelled. For transporting the earth WP(C).No.6612 OF 2021(B)

so removed and lying in his property, the petitioner

approached the 3rd respondent Geologist for grant of transit

pass. However, the same was declined as per Ext P7

directing the petitioner to level up the property utilising

the earth so removed.

3. As contended by the learned counsel for the

petitioner, the reason given for declining the request for

transportation of earth cannot be sustained. The request of

the petitioner for issuance of transit pass is liable to be

considered in terms of the second proviso to Rule 14 of the

Kerala Minor Mineral Construction Rules. The 3 rd respondent-

Geologist shall conduct site inspection, assess the

quantity of earth removed and consider the application.

Writ petition is disposed of as above.

Sd/-

SATHISH NINAN

JUDGE vdv WP(C).No.6612 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEVELOPMENT PERMIT, DATED 10.10.2019

EXHIBIT P2 TRUE COPY OF THE QUARRYING PERMIT, DATED 25.04.2014

EXHIBIT P3 TRUE COPY OF ORDER BY THE COURT OF PRINCIPAL MUNSIFF , IRINJALAKUDA DATED 28.09.2020

EXHIBIT P4 TRUE COPY OF ORDER IN CMA 4/2020 DATED 26.11.2020

OF 2020, DATED 23.01.2021

EXHIBIT P6 TRUE COPY OF THE GOVERNMENT ORDER, DATED 12.06.2020

EXHIBIT P7 TRUE COPY OF THE REPLY BY THE THIRD RESPONDENT,DATED 27.11.2019

EXHIBIT P8 TRUE COPY OF THE LETTER TO THE 3RD RESPONDENT, DATED 03.02.2020

EXHIBIT P9 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF FEES, DATED 03.02.2020

EXHIBIT P10 TRUE COPY OF A REMINDER TO THE THIRD RESPONDENT, DATED 14.10.2020

EXHIBIT P11 TRUE COPY OF REPRESENTATION TO THE THIRD RESPONDENT, DATED 01.02.2021