Kerala High Court
Mohanan G vs The Geologist on 12 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
WP(C) NO. 13830 OF 2022
PETITIONER:
MOHANAN G.
CHAKKIYARA PUTHEN VEEDU, ARCHAL,
NEDIYARA P.O., ANCHAL, KOLLAM, PIN - 691306
BY ADVS.
K.SUDHINKUMAR
P.MOHANDAS (ERNAKULAM)
S.NITHIN (ANCHAL)
RESPONDENTS:
1 THE GEOLOGIST,
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
KESAVANIKETHAN, ASRAMAM, KOLLAM, PIN - 691002
2 THE DIRECTOR,
DIRECTORATE OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM, PIN - 695004
3 VILLAGE OFFICER,
ANCHAL VILLAGE,
ANCHAL P.O., KOLLAM, PIN - 691306
OTHER PRESENT:
SMT.K.M RESMI-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.13830 of 2022 2
VIJU ABRAHAM,J
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W.P.(C).No.13830 of 2022
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Dated this the 12th day of April, 2022
JUDGMENT
Petitioner is the absolute owner and in possession of
39.44 Ares of Land in Re-Survey No.166/2-4 Block 33 in
Anchal Village in Punalur Taluk in Kollam District. Petitioner
intend to construct a residential building in the said property
having an extent of 66.94 Sq. metres, as evident from Ext.P1
building permit issued by the local authority. In connection
with the construction of the house, petitioner has permitted
to remove earth from the property and based on application
submitted by the petitioner, the 1st respondent has granted
permission the petitioner to remove 1938 Metric Ton of earth
and also issued Transit Pass as per order dated 12.04.2021.
As the time limit as per the said order expired, the petitioner
again approached the 1st respondent and as per Ext.P5 order,
the petitioner has permitted to remove 640 Metric Ton of
earth from his property and 64 passes were issued for
removal of the same.
2. The case of the petitioner is that only 6 out of the 64
transit pass issued by the 1 st respondent could be utilised by
the petitioner due to obstruction from the local public and in
the said circumstances, the balance 54 transit passes were
surrendered before the 1st respondent. So as to enable the
petitioner to remove the remaining earth so as to facilitate
the construction of the house, he submitted Ext.P7
application dated 6.4.2022 before the 1st respondent for
issuing fresh transit pass for transporting earth which is
permitted to be removed. He seeks for an early disposal of
Ext.P7 pending before the 1st respondent. The Government
Pleader on instruction submitted that a field verification is to
be conducted before taking a decision on Ext.P7 and it would
require at least 6 weeks time to take a final decision on
Ext.P7.
Therefore, the above writ petition is disposed of with a
direction to the 1st respondent to consider and pass orders on
Ext.P7 within a period of 6 weeks from the date of receipt of
a copy of this judgment. sd/-
VIJU ABRAHAM,
JUDGE
pm
APPENDIX OF WP(C) 13830/2022
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE SITE APPROVAL PLAN AND
BUILDING PERMIT ISSUED BY THE SECRETARY,
ANCHAL GRAMA PANCHAYATH DATED 08.02.2021
Exhibit-P2 TRUE COPY OF THE DEVELOPMENT PERMIT
ISSUED BY THE SECRETARY, ANCHAL GRAMA
PANCHAYATH DATED 08.02.2021
Exhibit-P3 TRUE COPY OF CHALAN FOR PAYMENT OF MONEY
IN THE NAME OF THE FIRST RESPONDENT IN
THE TREASURY DATED 24.03.2021
Exhibit-P4 . TRUE COPY OF THE JUDGMENT DATED
09.03.2022 IN W.P.(C) NO. 7698/2022
Exhibit-P5 TRUE COPY OF THE ORDER NO. 1005/2021-
22/OE/DOQ/S2/452/2021 DATED 31.03.2022
ISSUED BY THE 1ST RESPONDENT
Exhibit-P6 TRUE COPY OF THE ONE OF THE TRANSIT PASS
ISSUED BY THE 1ST RESPONDENT DATED
31.03.2022
Exhibit-P7 TRUE COPY OF THE APPLICATION FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
DATED 06.04.2022
