Muhammes Shah vs State Of Kerala
2021 Latest Caselaw 20291 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                            WP(C) NO. 20599 OF 2021
PETITIONER:

              MUHAMMED SHAH
              AGED 38 YEARS
              S/O.IBRAHIM KUNJU, KURANTHARA CHARUVILA PUTHENVEEDU,
              KARALIKONAM, ARAKANNOOR.P.O,
              AYUR, KOLLAM DISTRICT.

              BY ADV ANCHAL C.VIJAYAN



RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF
              REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
              PIN-695001.

     2        THE DISTRICT COLLECTOR,
              KOLLAM, PIN-691013.

     3        SENIOR GEOLOGIST,
              DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
              ASRAMAM, KOLLAM, PIN-691001.


OTHER PRESENT:

              APPU.P.S-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20599 OF 2021
                                  2

                             JUDGMENT

This writ petition is filed seeking directions to the respondents

to consider Exhibit P6 application preferred by the petitioner for

mineral transit passes on the strength of Ext.P5 development

permit and Ext.P4 building permit.

2. Having heard the learned counsel on either side and in

view of the fact that the petitioner has approached the 3 rd

respondent with Ext.P6 request, I am of the opinion that the same

is liable to be considered, in accordance with law, taking note of

Exts.P4 and P5 as also all relevant aspects of the matter.

3. There will, accordingly, be a direction to the 3 rd

respondent to take up, consider and pass orders on Ext.P6 request

preferred by the petitioner, in accordance with law, 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 bng/30.09.2021 WP(C) NO. 20599 OF 2021

APPENDIX OF WP(C) 20599/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO.983/23 DATED 03.05.2021 ISSUED BY THE VILLAGE OFFICER, ELAMADU

Exhibit P2 TRUE COPY OF LOCATIONS SKETCH OF THE PROPERTY OF THE PETITIONER ISSUED BY THE VILLAGE OFFICER, ELAMADU DATED 03.05.2021

Exhibit P3 TRUE COPY CERTIFICATE NO.983/21(A)DATED 03.05.2021 ISSUED BY THE VILLAGE OFFICER, ELAMADU

Exhibit P4 TRUE COPY OF THE BUILDING PERMIT NO.SC-3-

B.A.(104896)/2021 DATED 26.04.2021 ISSUED BY THE SECRETARY TO ELAMADU GRAMA PANCHAYAT

Exhibit P5 TRUE COPY OF THE DEVELOPMENT PERMIT KNO.SC-

3-(10498)/2021 DATED 26.04.2021 ISSUED BY THE SECRETARY TO ELAMADU GRAMA PANCHAYAT

Exhibit P6 TRUE COPY OF APPLICATION ALONG WITH AFFIDAVIT AND THE RECEIPT ISSUED FROM OFFICE OF THE 3RD RESPONDENT TO THE PETITIONER DATED 26.07.2021 FOR MINERAL TRANSIT PASSES.