Jerin K Alexander vs The District Geologist
2021 Latest Caselaw 18140 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                    WP(C) NO. 17374 OF 2021
PETITIONER :-

          JERIN K ALEXANDER, AGED 34 YEARS
          S/O.V.K.ALEXANDER, RESIDING AT JERIN BHAVAN,
          IYAPPALLOOR MURI, KARICKAM P.O., MELILA VILLAGE,
          KOTTARAKARA TALUK, KOLLAM DISTRICT.

          BY ADVS.
          P.M.ZIRAJ
          C.M.DHANY
          IRFAN ZIRAJ


RESPONDENTS :-

    1     THE DISTRICT GEOLOGIST
          DISTRICT OFFICE OF MINING AND GEOLOGY,
          KOLLAM DISTRICT-691 008.

    2     THE DIRECTOR
          MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY,
          KESAVADASAPURAM, PATTAM, THIRUVANANTHAURAM-695 001.

    3     THE STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

          SMT.SURYA BINOY B, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17374 OF 2021

                                    2


                             JUDGMENT

Dated this the 3rd day of September, 2021

This writ petition is filed seeking directions to the 1 st respondent

to consider and pass orders on Ext.P8 application submitted by the

petitioner for issuance of transit pass to transport the ordinary earth

removed for laying foundation of the building for which the petitioner

had obtained a building permit.

2. The learned counsel for the petitioner submits that the

petitioner was informed by Ext.P9 that a site inspection will be

conducted within 90 days and that 90 days' time is not required for

such inspection and that the respondents are duty bound to take an

appropriate decision on the application within a time frame. It was

the contention of the petitioner that the receipt produced by the

petitioner for Ext.P8 application as Ext.P9 would show that there are

only 52 applications of a like nature pending before the 1 st

respondent and therefore, the application is liable to be considered

without delay.

3. The learned Government Pleader, on instructions, submits

that the number shown in Ext.P9 receipt is not indicative of the

number of application for transit permits pending before the 1 st

respondent, Geologist and that there are 636 applications of a like WP(C) NO. 17374 OF 2021

nature pending before the 1st respondent which are prior in date to

the application preferred by the petitioner. It is submitted that

altogether, there are 680 applications pending and that a site

inspection is required to see whether it is only ordinary earth which is

being removed from the property in question. It is submitted that

Ext.P9 specifically states that the 1 st respondent will inform the

petitioner of the result of his application within 90 days after

conducting the site inspection as well.

Having considered the contentions advanced and in view of

the large pendency of application before the 1 st respondent, there will

be a direction to the 1 st respondent to consider the application

preferred by the petitioner as Ext.P8 at the earliest, at any rate,

within 90 days from 10.8.2021. All appropriate proceedings including

site inspection shall be conducted by the 1st respondent before such

date and appropriate orders shall be issued, if the application is

complete in all respects.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/13.9.2021 WP(C) NO. 17374 OF 2021

APPENDIX OF WP(C) 17374/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 16.2.2021 ISSUED BY THE MELIA GRAMA PANCHAYATH.

Exhibit P2 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 8.4.2021 ISSUED BY THE MELILA GRAMA PANCHAYATH.

Exhibit P3 TRUE COPY OF THE TAX RECEIPT DATED 8.4.2021 ISSUED BY THE VILLAGE OFFICER, MELILA VILLAGE.

Exhibit P4 TRUE COPY FO THE DEMARCATION CERTIFICATE DATED 9.4.2021 ISSUED BY THE VILLAGE OFFICER, MELILA VILLAGE.

Exhibit P5 TRUE COPY OF THE NON ASSIGNMENT CERTIFICATE DATED 9.4.2021 ISSUED BY THE VILLAGE OFFICER, MELILA VILLAGE.

Exhibit P6 TRUE COPY OF THE LOCATION SKETCH/CERTIFICATE DATED 9.4.2021 ISSUED BY THE VILLAGE OFFICER, MELILA VILLAGE.

Exhibit P7 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 9.4.2021 ISSUED BY THE VILLAGE OFFICER, MELILA VILLAGE.

Exhibit P8 TRUE COPY OF THE APPLICATION DATED 10.8.2021 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

Exhibit P9 TRUE COPY OF THE RECEIPT DATED 10.8.2021 ISSUED FROM THE OFFICE OF FIRST RESPONDENT IN CONNECTION WITH EXHIBIT P8 APPLICATION.