Deepthi.S vs State Of Kerala
2021 Latest Caselaw 20134 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                      WP(C) NO. 18198 OF 2021
PETITIONER:

             DEEPTHI S.,
             AGED 32 YEARS
             W/O.ANOOP.V., ANOOP MANDIRAM, ANCHAL,
             PADINJATHINKARA P.O., KOLLAM-691 306.
             BY ADV P.SIVARAJ

RESPONDENTS:

      1      STATE OF KERALA,
             REPRESENTED BY THE CHIEF SECRETARY,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
      2      THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
             REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
             COLLECTORATE, CIVIL STATION, KOLLAM-691 013.
      3      THE CHAIRMAN,
             THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
             COLLECTORATE, CIVIL STATION, KOLLAM-691 013.
      4      THE DISTRICT COLLECTOR, KOLLAM,
             COLLECTORATE, CIVIL STATION, KOLLAM-691 013.
      5      THE GEOLOGIST,
             DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
             KESAVANIKETHAN, ASRAMAM, KOLLAM-691 002.
             BY SMT. SURYA BENOY, SENIOR GOVERNMENT PLEADER
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    24.09.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.18198 OF 2021

                                         2



                             JUDGMENT

Dated this the 24th day of September 2021

This writ petition is filed seeking the following reliefs:

i. To issue a writ of certiorari or any other

appropriate writ, order or direction calling for

the records leading to Ext.P3 and quash the

same.

ii. To issue a writ of mandamus, or any other

appropriate writ, order or direction commanding

and compelling the 5th respondent to conduct

site inspection for issuance of movement permit

in M Form and transit pass in O.A. form so as to

enable the petitioner to commence the

construction work.

iii. To declare that Ext.P3 cannot be made

applicable detrimental to the petitioner in

carrying out removing soil from the proposed

building site in accordance with law.

iv. To issue a writ of mandamus, or any other

appropriate writ, order or direction commanding

and compelling the respondents to grant permit WP(C).No.18198 OF 2021

and transit pass (OA form) to the petitioner so

as to enable him to carry out the construction

work of the residential house as per the plan

approved by the panchayath.

2. Having heard the learned counsel on either side and

considered the submissions advanced, there will be a direction to

the 5th respondent to take up the applications preferred by the

petitioner for transit pass and for permission to remove ordinary

earth, to consider and pass orders on the same untrammelled by

the condition provided in Exhibit P3 order. Appropriate order

shall be passed after considering all relevant aspects of the

matter within a period of one month from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/24/09 WP(C).No.18198 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED Exhibit P1 BY THE PANCHAYAT TO THE PETITIONER. TRUE COPY OF THE PLAN ISSUED BY THE Exhibit P2 PANCHAYAT TO THE PETITIONER.

TRUE COPY OF THE ORDER PASSED BY THE Exhibit P3 DISTRICT COLLECTOR, KOLLAM DATED 02.07.2021.

TRUE COPY OF THE CIRCULAR DATED 13.12.2017 Exhibit P4 ISSUED BY THE MINING AND GEOLOGY DIRECTORATE.

TRUE COPY OF THE ORDER IN WPC NO.17602/2021 Exhibit P5 OF THIS HON'BLE COURT.

TRUE COPY OF APPLICATION DATED 17-06-2021 EXHIBIT P6 SUBMITTED BY PETITIONER ON 21-06-2021 BEFORE THE 5TH RESPONDENT.

RESPONDENTS' EXHIBITS:     NIL



 SSK                       //TRUE COPY//          PA TO JUDGE