P.V.Balakrishnan vs The Geologist
2022 Latest Caselaw 3863 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                        WP(C) NO. 12442 OF 2022
PETITIONER:

          P.V.BALAKRISHNAN,
          AGED 69 YEARS
          S/O.VELAYUDHAN PILLAI, MAHESH BHAVAN, PUNTHALA,
          VENMONY, ALLAPUZHA DISTRICT-689 509.
          BY ADVS.
          RAAJESH S.SUBRAHMANIAN
          V.R.RAJESH
RESPONDENTS:

    1     THE GEOLOGIST,
          DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
          CHERTHALA, ALLAPUZHA DISTRICT-688 524.
    2     THE DISTRICT COLLECTOR,
          ALAPPUZHA, COLLECTORATE, ALAPPUZHA DISTRICT-689 121.
          SMT.VINITHA.B-SR.G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12442 OF 2022

                                       2


                                JUDGMENT

Dated this the 5th day of April, 2022

This writ petition is filed seeking directions to the 1st respondent to

consider Ext.P4 application made for transit passes for removal of

ordinary earth from the property of the petitioner. The petitioner submits

that building permit and development permit as required have been

obtained and that the application is, therefore, liable to be considered in

accordance with law.

2. Having heard the learned Government Pleader also, there will be a

direction to the 1st respondent to take up Ext.P4 application submitted by

the petitioner and to consider and pass orders on the same after

considering all relevant aspects of the matter, after conducting due site

inspections and after perusing the relevant documents to be produced by

the petitioner. Appropriate orders shall be passed within a period of six

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

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 12442 OF 2022

APPENDIX OF WP(C) 12442/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT BEARING NO.KL04051105243/2021 DATED 12.08.2021.

Exhibit P2 TRUE PHOTOCOPY OF THE BUILDING PERMIT BEARING NO.BA(325349)/2021 DATED 22.12.2021. Exhibit P3 TRUE PHOTOCOPY OF THE DEVELOPMENT PERMIT BEARING NO.BA(325347)/2021 DATED 22.12.2021. Exhibit P4 TRUE PHOTOCOPY O THE APPLICATION DATED 05.01.2022 ALONG WITH THE APPLICATION FEE PAID RECEIPT.

RESPONDENTS' EXHIBITS: NIL