Smitha James vs The Tahsildar
2022 Latest Caselaw 4670 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
                       WP(C) NO. 14016 OF 2022
PETITIONERS:

    1       SMITHA JAMES
            AGED 49 YEARS
            W/O. PRINCE C. THOMAS,
            CHIRAKADAVIL HOUSE,
            KOTTAYAM SOUTH,
            KOTTAYAM DISTRICT,
            PIN - 686 039.
    2       DON BABU,
            AGED 23 YEARS,
            S/O. BABU C. THOMAS,
            CHIRAKADAVIL HOUSE,
            THURUTHY P. O,
            CHANGANACHERRY,
            KOTTAYAM, PIN - 686 535.

    3       AKASH CHIRAKADAVIL,
            AGED 25 YEARS,
            S/O. PRINCE C. THOMAS,
            CHIRAKADAVIL HOUSE,
            KODIMATA P. O,
            KOTTAYAM DISTRICT,
            PIN - 686 013.

            BY ADVS.
            SRI. M.P. MADHAVANKUTTY
            SRI. MATHEW DEVASSI
            SRI. ANANTHAKRISHNAN A. KARTHA


RESPONDENTS:

    1       THE TAHSILDAR,
            KOTTAYAM TALUK, FIRST FLOOR,
            MINI CIVIL STATION,
            PUTHENANGADY, KOTTAYAM,
            PIN - 686 001.
    2       VILLAGE OFFICER,
            PANACHIKKAD VILLAGE,
            NJALIKKUZHY ROAD,
            PARUTHUMPARA,
            CHINGAVANAM, KOTTAYAM,
            PIN - 686 533.
 WP(C).No.14016 OF 2022

                                  2

    3     DISTRICT COLLECTOR,
          COLLECTORATE,
          COLLECTORATE P. O,
          KOTTAYAM,
          PIN - 686 002.
    4     DISTRICT GEOLOGIST,
          DISTRICT OFFICE,
          DEPARTMENT OF MINING AND GEOLOGY,
          COLLECTORATE P. O,
          KOTTAYAM, PIN - 686 002.

          ADV. SURYA BINOY - GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14016 OF 2022

                                        3




                                 JUDGMENT

The petitioners have preferred Ext.P14

application before the 4th respondent for issuance of

permit for removal of ordinary earth.

2. I heard the learned counsel for the

petitioners as well as the learned Government

Pleader.

The above writ petition is disposed of with a

direction to the 4th respondent to consider and pass

orders on Ext.P14, within a period of three weeks

from the date of receipt of a copy of this judgment, if

the application is in order.

Sd/-

VIJU ABRAHAM JUDGE SPR WP(C).No.14016 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE SETTLEMENT DEED DATED 08.10.2021 BEARING NO.1502/2021 OF THE SUB REGISTRAR'S OFFICER, PUTHUPPALLY. EXHIBIT P2 A TRUE COPY OF THE SETTLEMENT DEED BEARING NO.1503/2021 DATED 08.10.2021 OF THE SUB REGISTRAR'S OFFICER, PUTHUPPALLY.

EXHIBIT P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 31.10.2021 ISSUED BY THE PANACHIKKAD VILLAGE OFFICE. EXHIBIT P4 A TRUE COPY OF THE LOCATION MAP BEARING RESURVEY NO.557/8 AND 557/14 IN PANACHIKKAD VILLAGE, KOTTAYAM TALUK. EXHIBIT P5 A TRUE COPY OF THE LOCATION MAP PERTAINING TO THE PROPERTY IN RESURVEY NO.557/10-1 IN PANACHIKKAD VILLAGE, KOTTAYAM TALUK.

EXHIBIT P6 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 02.11.2021 ISSUED BY THE PANACHIKKAD VILLAGE OFFICE. EXHIBIT P7 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 31.10.2021 ISSUED BY THE PANACHIKKAD VILLAGE OFFICE. EXHIBIT P8 A TRUE COPY OF THE LOCATION MAP BEARING RESURVEY NO.557/15 IN PANACHIKKAD VILLAGE, KOTTAYAM TALUK.

EXHIBIT P9 A TRUE COPY OF THE CONSENT LETTER BEFORE THE KERALA STATE ELECTRICITY BOARD DATED 16.11.2021.

EXHIBIT P10 A TRUE COPY OF THE PERMIT BEARING NO.A1-

BA (103371)/2022 DTED 21.03.2022 ISSUED BY THE PANACHIKKAD GRAMA PANCHAYAT. EXHIBIT P11 A TRUE COPY OF THE ORDER BEARING NO.B5-

1021/22/EIK DATED 16.02.2022 FROM THE DEPARTMENT OF ELECTICAL INSPECTORATE. WP(C).No.14016 OF 2022

EXHIBIT P12 A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 08.03.2022 BEARING NO.FRS/05/KTYM/7130/2022/SITE ISSUED BY THE FIRE AND RESCUE SERVICES, GOVERNMENT OF KERALA.

EXHIBIT P13 A TRUE COPY OF THE LETTER DATED 02.03.2017 BEARING NO.TSDP/DB/31/16- 17/579 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, KSEB, KOTTAYAM.

EXHIBIT P14 A TRUE COPY OF THE APPLICATION DATED 04.04.2022 BEFORE THE DISTRICT GEOLOGIST, KOTTAYAM.

RESPONDENTS EXHIBITS: NIL.