Sheela vs The Director
2022 Latest Caselaw 782 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. 1528 OF 2022
PETITIONER:

              SHEELA,
              AGED 52 YEARS
              D/O. MURALEEDHARAN PILLAI, KULATHUMKAROTTU VEEDU,
              AMBALATHUMKALA P.O., KOLLAM DISTRICT 691 505.
              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. 1528 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 building

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. 1528 OF 2022

APPENDIX OF WP(C) 1528/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF LAND TAX RECEIPT DATED 7.6.2021 ISSUED BY VILLAGE OFFICER, NEDUVATHOOR VILLAGE Exhibit P2 TRUE COPY OF POSSESSION CERTIFICATE DATED 30.7.2021 ISSUED BY VILLAGE OFFICER, NEDUVATHOOR VILLAGE.

Exhibit P3 TRUE COPY OF BUILDING PERMIT ISSUED TO THE PETITIONER BY THE NEDUVATHOOR GRAMA PANCHAYATH DATED 18.10.2021.

Exhibit P4 TRUE COPY OF APPLICATION BY THE PETITIONER FOR GRANTING PERMIT FOR EARTH REMOVING DATED 7.12.2021 SUBMITTED TO THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF RECEIPT OF APPLICATION DATED 7.12.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

RESPONDENTS' EXHIBITS: NIL