Ashok Kumar vs The District Geologist
2022 Latest Caselaw 4105 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                        WP(C) NO. 8782 OF 2022
PETITIONER:

          ASHOK KUMAR,
          AGED 60 YEARS
          S/O.SREEDHARAN, PANIKKANVILANGOM VEEDU, NILAKKAMUKKU,
          VAKKOM VILLAGE, KADAKKAVOOR P.O., THIRUVANANTHAPURAM
          DISTRICT-695 309.

          BY ADVS.
          K.B.ARUNKUMAR
          T.S.SREEKUTTY



RESPONDENTS:

    1     THE DISTRICT GEOLOGIST,
          OFFICE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM
          PALACE P.O., THIRUVANANTHAPURAM-695 004.

    2     NAGAROOR GRAMA PANCHAYATH,
          REPRESENTED BY ITS SECRETARY, NAGAROOR P.O.,
          THIRUVANANTHAPURAM DISTRICT-695 601.

          BY ADV SHRI.SIJU KAMALASANAN, SC, NAGAROOR GRAMA
          PANCHAYAT



          SMT. VINITHA.B.-SR.G.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8782 OF 2022                  2


                                   JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) To issue a writ of mandamus or any other writ order or direction, commanding the 1st respondent to issue necessary transit passes to extract and transport ordinary earth from the property comprised in Re.Sy. Nos.162/5 and 162/5-1 of Nagaroor Village pursuant to Ext.P3 building permit.

ii) To direct the 1st respondent to dispose the application dated 6.5.2019 submitted by the petitioner pending consideration as File No.1393/DOT/EM/2019 in a time bound manner.

iii) To call for records leading to Ext.P2 and quash the same by issuing a writ of certiorari as it is illegal and arbitrary."

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

Government Pleader as well as the learned Standing Counsel appearing

for the 2nd respondent.

3. It is submitted by the learned counsel for the petitioner that the

petitioner had submitted an application for transit pass for removing

ordinary earth from the petitioner's property for the construction of a

building. However, the petitioner had been informed that a

development permit is necessary for the same, by Ext.P2. The learned

counsel for the petitioner submits that the Rule has undergone an

amendment and that the petitioner has secured Ext.P3 building permit

and site approval from the 2nd respondent Panchayath on 19.02.2021.

The petitioner, thereafter, also approached the respondents seeking

issuance of the transit passes but no action had been taken on the same.

Having heard the learned Government Pleader also, I am of the

opinion that the application submitted by the petitioner for transit pass

is to be considered by the 1st respondent taking note of Ext.P3 building

permit issued to the petitioner. There will, accordingly, be a direction to

the 1st respondent to take up the request made by the petitioner for

transit pass and to consider and pass orders on the same within a period

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

petitioner shall produce Ext.P2 and all other relevant documents along

with a copy of this judgment before the 1st respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX OF WP(C) 8782/2022

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF AUTHORIZATION EXECUTED BY THE PROPERTY OWNERS IN FAVOUR OF THE PETITIONER DATED 26.06.2018.

Exhibit P2 THE COPY OF COMMUNICATION DATED 07.11.2019.

Exhibit P3 THE COPY OF BUILDING PERMIT DATED 19.02.2021 ISSUED TO THE PETITIONER.

Exhibit P4 THE COPY OF RECEIPT ISSUED FROM THE OFFICE OF THE CHIEF MINISTER REGARDING RECEIPT OF COMPLAINT DATED 02.02.2022.

Exhibit P5 THE COPY OF COMMUNICATION DATED 01.02.2022 ISSUED FROM THE OFFICE OF THE CHIEF MINISTER REGARDING RECEIPT OF COMPLAINT DATED 25.02.2022.