Shareef vs The Secretary, Pallickal Grama ...
2022 Latest Caselaw 4112 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. 13095 OF 2022
PETITIONERS:

     1        SHAREEF,
              AGED 46 YEARS
              S/O. SUBAIR KHAN, NALLIVILA KIZHAKKATHIL, PAZHAKULAM
              PADIJARU P.O., ADOOR, PATHANAMTHITTA 691 554.

     2        SHAMILA,
              AGED 46 YEARS
              D/O. MOITHEEN KANNU, NALLIVILA KIZHAKKATHIL, PAZHAKULAM
              PADIJARU P.O., ADOOR , PATHANAMTHITTA 691 554.

              BY ADV R.GOPAN



RESPONDENTS:

     1        THE SECRETARY, PALLICKAL GRAMA PANCHAYATH,
              PAZHAKULAM P.O. ADOOR, PATHANAMTHITTA DISTRICT 691 554.

     2        THE GEOLOGIST ,
              MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE,
              PATHANAMTHITTA , K.I.P. BUILDING, ADOOR P.O., 691 555.


OTHER PRESENT:

              SMT.PRINCY XAVIER SR.GP
              SRI.K.SHAJI-SC




     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. 13095 OF 2022                    2


                                    JUDGMENT

This writ petition is filed seeking directions to the 2 nd respondent

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

ordinary earth from the property of the petitioners. The petitioners

submit that building permit, as required, has 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 2 nd respondent to take up Ext.P4 application

submitted by the petitioners and to consider and pass orders on the

same after considering all relevant aspects of the matter and after

conducting due site inspections and after perusing the relevant

documents to be produced by the petitioners. Appropriate orders shall

be passed 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
     ska                                                           JUDGE





                          APPENDIX OF WP(C) 13095/2022

PETITIONER EXHIBITS

Exhibit P1                 PHOTO COPY OF THE TAX RECEIPT IN THE NAME OF

THE PETITIONER ISSUED BY THE VILLAGE OFFICER PALLICKAL.

Exhibit P2 PHOTO COPY OF THE PERMIT ISSUED BY THE IST RESPONDENT TO THE PETITIONER DATED 30.3.2022.

Exhibit P3 PHOTO COPY OF THE APPROVED BUILDING PLAN.

Exhibit P4 PHOTO COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 01.04.2022.

Exhibit P4 (A) PHOTO COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 01.04.2022.