Sindhu.B vs The Director
2022 Latest Caselaw 1382 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
                         WP(C) NO. 3162 OF 2022
PETITIONERS:

     1       SINDHU.B
             AGED 40 YEARS
             KURANGADI CHARUVILA VEEDU,
             THALACHIRA P.O, KOTTARAKKARA,
             KOLLAM DISTRICT-691546

     2       RAJUMON.P
             AGED 45 YEARS
             KURANGADI CHARUVILA VEEDU,
             THALACHIRA P.O, KOTTARAKKARA,
             KOLLAM DISTRICT
             KOLLAM, PIN - 691546

             BY ADV ABDUL RASHIQ A.


RESPONDENTS:

     1       THE DIRECTOR
             DEPARTMENT OF MINING AND GEOLOGY,
             KESAVADASAPURAM, PATTAM PALACE PO,
             THIRUVANANTHAPURAM -695004

     2       THE GEOLOGIST
             DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
             KESAVANIKETHAN, ASRAMAM, KOLLAM-691002

     3       THE ASSISTANT GEOLOGIST
             DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
             KESAVANIKETHAN, ASRAMAM,
             KOLLAM-691002

OTHER PRESENT:
           SRI.SYAMANTHAK-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3162 OF 2022                           2




                                           JUDGMENT

This writ petition is filed seeking the following relief:-

" i) To issue a writ of mandamus or other appropriate writ, order or direction commanding 2nd respondent to consider and pass orders on Ext.P8 within a time frame as this Hon'ble court deems fit to grant."

2. Heard the learned counsel for the petitioners and the

learned Government pleader.

3. It is submitted by the learned counsel for the

petitioners that the petitioners have approached the 2 nd

respondent with Ext.P8 application for granting permit for removal

of ordinary earth and transportation of the same for the

construction of a residential building. It is submitted that all the

connected documents have been produced along with the

application.

Having heard the learned Government Pleader, there will be

a direction to the 2nd respondent to take up Ext.P8 application

filed by the petitioners and consider and pass orders on the

same, after considering all relevant aspects of the matter and

and after conducting due site inspections, in accordance with law,

within a period of one month from the date of receipt of a copy of

this judgment. The petitioners shall produce the copy of this

judgment along with the copy of the writ petition before the 2 nd

respondent for compliance.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 3162/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 07.10.2021 ISSUED BY VILLAGE OFFICER, VETTIKAVALA VILLAGE,KOTTARAKKARA TALUK

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 12.01.2022 ISSUED BY VILLAGE OFFICER, VETTIKAVALA VILLAGE,KOTTARAKKARA TALUK

Exhibit P3 TRUE COPY OF THE LOCATION SKETCH DATED 12.01.2022 ISSUED BY VILLAGE OFFICER, VETTIKAVALA VILLAGE, KOTTARAKKARA TALUK

Exhibit P4 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED TO THE PETITIONER BY THE VETTIKAVALA GRAMA PANCHAYATH DATED 28.10.2021

Exhibit P5 TRUE COPY OF THE DEVOLVEMENT PERMIT ISSUED TO THE PETITIONER BY THE VETTIKAVALA GRAMA PANCHAYATH DATED 02.12.2021

Exhibit P6 TRUE COPY OF THE AFFIDAVIT EXECUTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 01.01.2022

Exhibit P7 TRUE COPY OF THE REPORT DATED 19.01.2022 BY THE VILLAGE OFFICER, VETTIKAVALA VILLAGE TO THE 2ND RESPONDENT

Exhibit P8 TRUE COPY OF THE APPLICATION BY THE PETITIONER FOR GRANTING PERMIT FOR EARTH REMOVING DATED 20.01.2022 SUBMITTED TO THE 2ND RESPONDENT