Vijayan vs The District Geologist
2021 Latest Caselaw 18954 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                    WP(C) NO. 18639 OF 2021
PETITIONER :-

          VIJAYAN, AGED 50 YEARS
          S/O. BHASKARAN, LEKSHMI NIVAS, KOTTARAKARA P.O.
          KOTTARAKARA, KOLLAM DISTRICT - 691 507.

          BY ADVS.
          P.M.ZIRAJ
          IRFAN ZIRAJ
          MOHEMED FAVAS


RESPONDENTS :-

    1     THE DISTRICT GEOLOGIST,
          DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
          KESAVANIKETHAN, ASRAMAM, KOLLAM - 691 002.

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

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

          BY SRI.P.S.APPU, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18639 OF 2021

                                   -: 2 :-


                              JUDGMENT

Dated this the 10th day of September, 2021

This writ petition is filed seeking the following relief :-

"Issue a writ of Mandamus or any other appropriate writ, order or direction to the first respondent to consider and dispose Exhibit P5 application submitted by the petitioner and thereby issue Transit Permit and sufficient Transit Passes for the entire quantity of earth proposed to be removed from the foundation of the building together without split up the quantity after receipt of royalty within a reasonable period which this Honourable Court may deem fit and proper in the interest of justice and circumstances of the above case."

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 submitted Ext.P5 application for transit permit

and sufficient passes to transport ordinary earth from the premises of

the petitioner. It is submitted that the petitioner has produced the

building permit as well as the development permit issued by the local

authority and that the request of the petitioner is liable to be

considered in accordance with law.

After hearing the learned Government Pleader also, there

will be a direction to the 1 st respondent to take up, consider and pass

orders on Ext.P5 application preferred by the petitioner at the WP(C) NO. 18639 OF 2021

earliest, at any rate, within one month from the date of receipt of a

copy of this judgment, after conducting site inspection and obtaining

reports as are necessary.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/16.9.2021 WP(C) NO. 18639 OF 2021

APPENDIX OF WP(C) 18639/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 17.04.2021 ISSUED BY THE VILLAGE OFFICER.

Exhibit P2 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY DATED 17.04.2021 ISSUED BY THE VILLAGE OFFICER.

Exhibit P3 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 16.04.2021 ISSUED BY THE SECRETARY, MYLOM GRAMA PANCHAYATH.

Exhibit P4 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 16.04.202 ISSUED BY THE SECRETARY, MYLOM GRAMA PANCHAYATH.

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 19.4.2021 SUBMITTED BY THE PETITIONER BEFORE FIRST RESPONDENT.