Sibi P vs The Geologist
2021 Latest Caselaw 19233 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                      WP(C) NO. 18876 OF 2021
PETITIONER:

             SIBI P
             AGED 42 YEARS
             S/O.PURUSHAN, DEVANGANAM, KURUMANNA,
             THRIKKOVILVATTOM,
             MUKHATHALA POST, KOLLAM DISTRICT.
             BY ADV K.RAKESH

RESPONDENT:

             THE GEOLOGIST
             MINING AND GEOLOGY DEPARTMENT,
             KESAVANIKETHAN, ASARAMAM, KOLLAM,
             KOLLAM DISTRICT-691002.



             SMT. SURYA BINOY-SR. G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.09.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.18876 OF 2021

                                          2


                             JUDGMENT

Dated this the 14th day of September 2021

This writ petition is filed seeking the following reliefs:-

i. Issue a writ of mandamus or any other

appropriate writs, orders of directions directing

the respondent to consider Exhibit P6 taking into

consideration Exhibits P3 and P4, as

expeditiously as possible;

ii. Declare that the petitioner is entitled to get

permit to remove soil outside his property in

view of Exhibit P3 and P4.

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 is the owner of property having

an extent of 15.78 Ares comprised in Re-Survey

No.262/10-2, 262/10-3 of Block No.33 of Pooyappalli Village

in Kottarakkara Taluk of Kollam District.

4. It is submitted that for the construction of a tiles

godown, the petitioner had obtained Exhibit P3 building

permit and Ext.P4 development permit and had approached WP(C).No.18876 OF 2021

the respondent for permission to remove ordinary earth as

well as for transportation permit. It is submitted that the said

application, which is produced as Exhibit P6, has not been

considered by the respondent.

5. Having heard the learned Government Pleader also,

I am of the opinion that Exhibit P6 is liable to be considered in

accordance with law. Exhibit P6(a), which is a receipt, would

show that a decision would be taken on the application

preferred by the petitioner within ninety days after conduct of

the site inspection.

There will accordingly, be a direction to the

respondent to take up Exhibit P6 request and to consider and

dispose of the same, after conduct of all due inspections and

after obtaining reports as are required, within ninety days

from 14-07-2021.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/14/09 WP(C).No.18876 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

A TRUE COPY OF THE TAX RECEIPT ISSUED FROM Exhibit P1 THE POOYAPPAPLLY VILLAGE OFFICE DATED 05-04-2021.

A TRUE COPY OF THE POSSESSION CERTIFICATE Exhibit P2 ISSUED FROM THE POOYAPPALLY VILLAGE OFFICE DATED 20-03-2021.

TRUE COPY OF THE BUILDING PERMIT ISSUED BY Exhibit P3 THE SECRETARY OF POOYAPPALLY GRAMA PANCHAYATH DATED 15-03-2021.

A TRUE COPY OF THE DEVELOPMENT PERMIT Exhibit P4 ISSUED FROM THE POOYAPPALLY GRAMA PANCHAYATH DATED 01-07-2021.

A TRUE COPY OF THE REPORT SUBMITTED BY THE Exhibit P5 VILLAGE OFFICER, POOYAPPALLY TO THE RESPONDENT DATED 01-07-2021.

A TRUE COPY OF THE RQUEST SUBMITTED BY THE Exhibit P6 PETITIONER BEFORE THE RESPONDENT DATED 14-

07-2021.

A TRUE COPY OF THE RECEIPT ISSUED BY THE Exhibit P6(A) RESPONDENT ON RECEIPT OF EXHIBIT P6 REQUEST DATED 14-07-2021.

RESPONDENTS' EXHIBITS:    NIL



 SSK                      //TRUE COPY//         PA TO JUDGE