Sabu Yohannan vs The Distict Geologist Kollam
2022 Latest Caselaw 1883 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                       WP(C) NO. 5427 OF 2022
PETITIONER:

          SABU YOHANNAN
          S/O.YOHANNAN, AGED 45 YEARS
          REJI VILASAM, GANDHIGRAM,
          VETTIKKAVALA, CHAKKUVARAKKAL,
          KOTTARAKKARA,KOLLAM DISTRICT, PIN - 691508

          BY ADV ABHILASH S.FRANCIS



RESPONDENT:

          THE DISTICT GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY,
          KOLLAM DISTRICT, PIN - 695003



          PRINCY XAVIER-SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5427 OF 2022

                                       2


                                  JUDGMENT

This writ petition is filed seeking directions to the respondent to

consider Ext.P6 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 respondent to take up Ext.P6 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. Appropriate orders shall be passed within a period of

three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 5427 OF 2022

APPENDIX OF WP(C) 5427/2022

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, CHAKKUVARAKKAL DATED 17.11.2021

Exhibit-P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, CHAKKUVARAKKAL DATED 22.01.2022

Exhibit-P3 TRUE COPY OF THE BUILDING PERMIT NO. A3.-

BA(25155)/2022 ISSUED BY THE SECRETARY, VETTIKKAVALA GRAMA PANCHAYAT, DATED 20.01.2022

Exhibit-P4 TRUE COPY OF THE APPROVED BUILDING PLAN DATED 20.01.2022

Exhibit-P5 TRUE COPY OF THE NOTARIZED AFFIDAVIT FILED BEFORE THE RESPONDENT DATED 07.02.2022

Exhibit-P6 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE RESPONDENT DATED 07.02.2022

Exhibit-P7 TRUE COPY OF THE RECEIPT OF APPLICATION ISSUED FROM THE DISTRICT OFFICE, MINING AND GEOLOGY, KOLLAM DATED 07.02.2022