Abhinav Babu vs The District Geologist, Kollam
2022 Latest Caselaw 6134 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                      WP(C) NO. 17750 OF 2022
PETITIONER:

          ABHINAV BABU,
          AGED 23 YEARS,
          S/O PERUMANOOR,
          MELETHILPUTHENVEEDU,
          ARAKKAL, YEARS,
          PUNALUR, KOLLAM.

          BY ADV. SYAM J SAM

RESPONDENT:

          THE DISTRICT GEOLOGIST,
          KOLLAM,
          DISTRICT GEOLOGY OFFICE,
          KOLLAM P.O.,
          KOLLAM PIN 691501.

          SRI.SYAMANTHAK B.S., GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.17750/2022

                                   2




                            JUDGMENT

Dated this the 1st day of June, 2022

The petitioner, who is owner of 4 Ares of property

in Arakkal Village in Kollam District, has filed this writ

petition seeking to direct the respondent to consider Ext.P3

application to permit the petitioner to take out soil from his

property.

2. The petitioner states that he is in possession of 4

Ares of property in Re-Survey Nos.262/11 and 262/4-2,

Block No.30 in Arakkal Village in Kollam District. In order to

construct a house, the petitioner submitted an application

and the District Geologist granted permission to the

petitioner to remove earth from the property. The petitioner

could not remove the earth within the stipulated time due to

red alert declared by the Government in Kollam District. WP(C)No.17750/2022

3. The petitioner earlier approached this Court filing

W.P.(C) No.12683 of 2022 seeking to permit him to remove

the entire quantity and this Court passed Ext.P1 interim

order directing that the respondent shall endeavor to take a

decision on the application as evidenced by Ext.P2 within

three weeks. On 19.05.2022, the writ petition was closed

recording the submission made by the Government Pleader

that pursuant to Ext.P1 interim order, application of the

petitioner has been considered and orders have been

passed.

4. The learned counsel for the petitioner submits

that though enlargement of time was granted pursuant to

the direction of this Court in W.P.(C) No.12683 of 2022, the

petitioner still could not remove the earth due to the red

alert declared by the District Administration. The petitioner

therefore submitted Ext.P3 application before the Geologist

for enlargement of time reasonably in order to remove the WP(C)No.17750/2022

earth to facilitate construction of the building. Ext.P3 has

not been considered by the respondent so far.

5. I have heard the learned counsel for the

petitioner and the learned Government Pleader for the

respondent.

6. The learned Government Pleader submits that if

Ext.P3 application is received by the respondent, the

respondent has no objection in considering the application

and passing orders thereon in accordance with law.

In view of the statements as made above, the

writ petition is disposed of directing the respondent to

consider Ext.P3 application submitted by the petitioner and

take appropriate decision thereon, within a period of two

weeks.

Sd/-

N. NAGARESH JUDGE SR WP(C)No.17750/2022

APPENDIX OF WP(C) 17750/2022

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WPC 12683/2022. Exhibit P2 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 12683/2022.

Exhibit P3 THE TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONER.