Nizar vs The Secretary, Pallickal Grama ...
2022 Latest Caselaw 4150 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. 13089 OF 2022
PETITIONER/S:

              NIZAR,
              AGED 45 YEARS
              S/O. SUBAIR, THAVAKADHOUSE, PAZHAKULAM PADIJARU
              PAZHAKULAM P.O., ADOOR , PATHANAMTHITTA DISTRICT.

              BY ADV R.GOPAN



RESPONDENT/S:

     1        THE SECRETARY, PALLICKAL GRAMA PANCHAYATH,
              PAZHAKULAM P.O, ADOOR, PATHANAMTHITTA DISTRICT, 691 523.

     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. 13089 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 petitioner. The petitioner submits that

building permit, as required, has been obtained and that the application is,

therefore, liable to be considered in accordance with law.

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

direction to the 2nd 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 and 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 one month from the

date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 13089/2022

PETITIONER EXHIBITS

Exhibit P1 PHOTOCOPY OF THE TAX RECEIPT DATED 19.3.2022 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 PHOTOCOPY 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.