Aboobacker K. M vs The District Geologist
2022 Latest Caselaw 6303 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                       WP(C) NO. 16680 OF 2022
PETITIONER:

            ABOOBACKER K.M.,
            AGED 51 YEARS,
            17/0, KIZHAKKE MUNDOTH HOUSE,
            AALIPARAMBATH, CHATHAMANGALAM,
            MALAYAMMA P.O., KOZHIKODE - 673601.

            BY ADVS.
            PHILIP J.VETTICKATTU
            NEENU BERNATH


RESPONDENTS:

    1       THE DISTRICT GEOLOGIST,
            MINING AND GEOLOGY DEPARTMENT,
            KOZHIKODE.

    2       THE VILLAGE OFFICER,
            ENGAPUZHA VILLAGE,
            THAMARASSERY TALUK,
            KOZHIKODE - 673615.

    3       THE TAHSILDAR (LR),
            THAMARASSERY,
            KOZHIKODE - 673573.

            SRI.SYAMANTHAK B.S., GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.16680/2022

                                   2




                            JUDGMENT

Dated this the 3rd day of June, 2022

The petitioner, who was issued with Transit Pass

for transporting ordinary earth from a land in Engapuzha

Village in Thamarassery Taluk, has filed this writ petition

seeking to direct the 1st respondent to lift the temporary

cancellation of Transit Passes effected as per Ext.P5.

2. The petitioner states that he, along with other

owners of the land, had approached the Secretary to the

Grama Panchayat and obtained Development Permit and

Building Permit for constructing a Commercial Building in

their land. The Secretary to Grama Panchayat issued

Development Permit for cutting 13890 Cubic metres of WP(C)No.16680/2022

ordinary earth. On the applications made by the petitioner,

Transit Passes were issued to the petitioner.

3. However, before the petitioner could remove the

entire quantity of ordinary earth within the permitted time,

the 1st respondent has issued Ext.P5 order cancelling the

permission granted to the petitioner for transporting ordinary

earth.

4. The petitioner submits that the temporary

cancellation of Transit Passes is highly illegal and

unjustified. The 1st respondent has cancelled the Transit

Passes awaiting reports from the Tahsildar. Unless the 1 st

respondent obtains reports from the Tahsildar and takes a

final decision, the petitioner will be put to untold hardship

and loss.

5. I have heard the learned counsel for the

petitioner and the learned Government Pleader

representing the respondents.

WP(C)No.16680/2022

6. Ext.P5 order of the 1st respondent issued on

24.02.2022 would indicate that the permission granted to

the petitioner for transportation of ordinary earth has been

suspended. The 1st respondent effected the suspension in

order to ascertain whether the land in question is one

assigned under the Kerala Land Reforms Act, 1963. Ext.P5

indicates that the 1st respondent has called for reports from

the Tahsildar, Thamarassery.

7. The Transit Passes were issued as early in the

month of September, 2021. The ordinary earth is to be

removed to facilitate a building construction. Therefore, any

delay in finalising Ext.P5 proceedings would adversely

affect the petitioner's right. In the circumstances, this Court

is of the view that the 1st respondent shall take a final

decision in the matter without further delay.

In the circumstances, the writ petition is disposed

of directing the 3rd respondent to make available the reports WP(C)No.16680/2022

sought for by the 1st respondent within a period of three

weeks. The 1st respondent shall take a final decision in the

matter within a further period of two weeks.

Sd/-

N. NAGARESH JUDGE SR WP(C)No.16680/2022

APPENDIX OF WP(C) 16680/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE SECRETARY TO THE GRAMA PANCHAYAT, DATED 22/04/2021.

Exhibit P2 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECRETARY DATED 22/04/2021.

Exhibit P3 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 24/09/2021.

Exhibit P4 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 04/02/2022.

Exhibit P5 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 24/02/2022.

SR