Benny John vs Kuravilangad Grama Panchayath
2021 Latest Caselaw 21911 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                        WP(C) NO. 22993 OF 2021
PETITIONER:

          BENNY JOHN
          AGED 54 YEARS, S/O MATHAI JOHN PLAKKATTIL, KOZHA P.O,
          KURAVILANGAD, KOTTAYAM-686 633

          BY ADV CHITHRA CHANDRASEKHARAN



RESPONDENTS:

    1     KURAVILANGAD GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY, OFFICE OF THE
          KURAVILANGADU GRAMA PANCHAYAT, QH56+273, KURAVILANGAD,
          KOTTAYAM-686 633

    2     THE VILLAGE OFFICER, KURAVILANGADU VILLAGE OFFICE,
          QH68+Q7C, KOTTAYAM-686 633

    3     THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT,
          KOTTAYAM DISTRICT, PIN686 002



          APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22993 OF 2021

                                       2


                                 JUDGMENT

This writ petition is filed seeking directions to the 3 rd respondent

to issue appropriate orders for removal of ordinary earth and

transportation thereof in tune with Ext.P5 development permit.

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that

the petitioner has secured a building permit as well as Ext.P5

development permit for construction of a residential house in a

portion of the property belonging to him. The petitioner in order to

commence the construction, requires to remove ordinary earth of

quantity of 1503.188 M3. It is submitted that the said removal of

ordinary earth is also contemplated in Ext.P5 development permit.

However, it is submitted that the 3rd respondent had issued challans

only for the transportation of an aggregate amount of 480 m 3 of earth.

The petitioner has, therefore, submitted Ext.P8 representation

pointing out that the further extent of ordinary earth as provided in

Ext.P5 development permit is liable to be permitted to be removed WP(C) NO. 22993 OF 2021

and transported.

Having heard the learned Government Pleader also and in view

of the fact that the petitioner has secured a development permit and

building permit, I am of the opinion that the request made by the

petitioner in Ext.P8 is liable to be considered, in accordance with law.

There will, accordingly, be a direction to the 3 rd respondent to take up

Ext.P8 request made by the petitioner and to consider and pass orders

on the same within a period of six weeks from the date of receipt of a

copy of this judgment, taking specific note of Ext.P5 development

permit .

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 22993 OF 2021

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO.60215207 DT. 06.10.2021 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE PROPERTY TAX RECEIPT DT.

05.10.2021 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT DATED 15.12.2020

EXHIBIT P4 TRUE COPY OF THE LOCATION SKETCH DT.

08.10.2020

EXHIBIT P5 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 18.02.2021 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT ON 27.02.2021

EXHIBIT P7 TRUE COPY OF THE CHALLAN DATED 15.09.2021

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT ON 08.10.2021.