Balakrishnan Nair vs The Director
2022 Latest Caselaw 778 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                          WP(C) NO. 1572 OF 2022
PETITIONER:

              BALAKRISHNAN NAIR
              AGED 58 YEARS
              S/O NARAYANAN NAIR, ASWATHI BHAVAN, KIZHAKKEKARA,
              VELIYAM P.O., KOLLAM DISTRICT-691 540
              BY ADVS.
              ARUN MATHEW VADAKKAN
              ABDUL RASHIQ A.
RESPONDENTS:

     1        THE DIRECTOR
              DEPARTMENT OF MINING AND GEOLOGY, KESAVADASAPURAM,
              PATTAM PALACE P.O.THIRUVANANTHAPURAM-695 004.
     2        THE GEOLOGIST
              DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
              KESAVANIKETHAN , ASRAMAM, KOLLAM-691 002.
     3        THE ASSISTANT GEOLOGIST
              DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
              KESAVANIKETHAN, ASRAMAM, KOLLAM-691 002.
              SMT.VINITHA B., SR GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1572 OF 2022

                                        2




                                 JUDGMENT

Dated this the 17th day of January, 2022

This writ petition is filed seeking directions to the 2nd 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

development permit as required has been obtained and that the application

is, therefore, liable to be considered in accordance with law.

2. 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.

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 NP WP(C) NO. 1572 OF 2022

APPENDIX OF WP(C) 1572/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DEVELOPMENT PERMIT ISSUED TO THE PETITIONER BY THE VELIYAM GRAMA PANCHAYATH DATED 8.9.2021 Exhibit P2 TRUE COPY OF POSSESSION CERTIFICATE DATED 18.9.2021 ISSUED BY VILLAGE OFFICER, VELIYAM VILLAGE Exhibit P3 TRUE COPY OF RECEIPT OF APPLICATION DATED 20.10.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF APPLICATION BY THE PETITIONER FOR GRANTING PERMIT FOR EARTH REMOVING DATED 20.10.2021 SUBMITTED TO THE 2ND RESPONDENT RESPONDENTS' EXHIBITS: NIL