E.V Shaji vs The Director
2021 Latest Caselaw 19428 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                        WP(C) NO. 14919 OF 2021
PETITIONER:

          E.V SHAJI
          AGED 64 YEARS
          S/O. N. VIDYADHARAN, EETTINILKKUNATHIL (H) KOODAL P.O
          AND VILLAGE, KONNI TALUK,
          PATHANAMTHITTA DISTRICT 689 693
          REPRESENTED BY P.A HOLDER , MOHAMMED SADIK S/O. ABDUL
          LATHEEF, AGED 42 YEARS, NEDIYAKALA PUTHENVEEDU,
          KUMMANNOOR P.O, IRAVON MURI AND VILLAGE, KONNI TALUK,
          PATHANAMTHITTA DISTRICT 689 691

          BY ADVS.
          MANU RAMACHANDRAN
          M.KIRANLAL
          R.RAJESH (VARKALA)
          T.S.SARATH
          SAMEER M NAIR



RESPONDENTS:

    1     THE DIRECTOR
          MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY,
          PATTOM PALACE P.O, THIRUVANANTHAPURAM DISTRICT 695 004

    2     THE DISTRICT GEOLOGIST
          PATHANAMTHITTA DISTRICT, DISTRICT OFFICE OF MINING AND
          GEOLOGY
          PATHANAMTHITTA DISTRICT 689 532

    3     THE SECRETARY
          GRAMA PANCHAYAT OF KALANJOOR, KALANJOOR P.O,
          PATHANAMTHITTA DISTRICT 689 694



          SRI. P.S. APPU-G.P.


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14919 OF 2021

                                       2


                                JUDGMENT

This writ petition is filed seeking directions to the respondents

to consider Exts.P3 and P4 applications submitted by the petitioner.

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

Government Pleader.

3. It is submitted that the petitioner has obtained Ext.P1

development permit and Ext.P2 building permit from the 3 rd

respondent Panchayath. Ext.P3 application has been submitted before

the 2nd respondent seeking transit passes for removal of 7388.39 M 3 of

ordinary earth. It is submitted that when no orders were passed

thereon, the petitioner approached the 1st respondent with Ext.P4

request, which had also not been considered.

4. The learned Government Pleader submits, on instructions, that

a site inspection has been conducted on the basis of the request made

by the petitioner and the 2nd respondent will pass appropriate orders

on the application without delay.

In the above view of the matter, there will be a direction to the

2nd respondent to take up, consider and pass orders on Ext.P3

application submitted by the petitioner after all due inspections and WP(C) NO. 14919 OF 2021

after considering all relevant aspects in the matter, within a period of

two weeks from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 14919 OF 2021

APPENDIX OF WP(C) 14919/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE DEVELOPMENT PERMIT VIDE A2-B4(47988) 2021 DATED 24-02-2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P2 THE TRUE COPY OF THE BUILDING PERMIT VIDE A2-

B4 (61982)/2021 DATED 08-03-2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P3 THE TRUE COPY OF THE APPLICATION FOR MINERAL TRANSIT PASSES FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 09-03-2021 ALONG WITH RECEIPT DATED 08-04-2021

Exhibit P4 THE TRUE COPY OF THE APPLICATION FOR MINERAL TRANSIT PASSES FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 24-03-2021