Gopimohan vs District Geologist
2022 Latest Caselaw 3036 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                        WP(C) NO. 9038 OF 2022
PETITIONER:

          GOPIMOHAN
          AGED 38 YEARS
          S/O. DAMODARANUNNITHAN, KOOTTINGAL VEEDU, PARAKODE
          MURI, ADOOR P.O, ADOOR VILLAGE, ADOOR TALUK,
          PATHANAMTHITTA DISTRICT.

          BY ADV A.SANIL KUMAR



RESPONDENTS:

    1     DISTRICT GEOLOGIST
          MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, K I P
          BUILDING, ADOOR P.O, PATHANAMTHITTA 691 523

    2     ADOOR MUNICIPALITY
          REPRESENTED BY ITS SECRETARY, ADOOR P.O,
          PATHANAMTHITTA DISTRICT 691 523

    3     THE SECRETARY
          ADOOR MUNICIPALITY, ADOOR P.O,
          PATHANAMTHITTA DISTRICT 691 523



          VINITHA B-SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9038 OF 2022                2


                                JUDGMENT

This writ petition is filed seeking directions to the respondents to

consider the request made by the petitioner in Ext.P3 for issuance of

transit pass for the removal of ordinary earth from the petitioner's

property having an extent of 9.75 ares in Survey No.420/4 of Adoor

Village, Adoor Taluk in Pathanamthitta District. It is submitted by the

learned counsel for the petitioner that the petitioner has obtained site

approval and building permit and is entitled for a consideration of his

request for transit pass, in accordance with law.

Having considered the contentions advanced, I am of the opinion

that it is for the 1st respondent to take an appropriate decision on

Ext.P3, taking note of all relevant aspects of the matter and after

conducting a site inspection as required. Appropriate steps shall be

taken on Ext.P3 application at the earliest, at any rate, within a period

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

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX OF WP(C) 9038/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 6-12-

2021 ISSUED FROM THE ADOOR VILLAGE OFFICE

Exhibit P2 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 15-2-2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 21-2-2022 FOR MINERAL TRANSIT PASS SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 21-2-2022 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT