Shinaj vs The District Geologist
2022 Latest Caselaw 3243 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                         WP(C) NO.9128 OF 2022
PETITIONER :-

             SHINAJ, AGED 37 YEARS
             S/O.ASEESKUTTY, SHINAJ MANZIL, KOZHUVALLOOR,
             VENMONEY VILLAGE, MULAKUZHA, KOZHUVALLOOR,
             ALAPPUZHA DISTRICT, PIN - 689 521

             BY ADVS.
             P.M.ZIRAJ
             IRFAN ZIRAJ


RESPONDENTS :-

      1      THE DISTRICT GEOLOGIST
             OFFICE OF MINING AND GEOLOGY, ALAPPUZHA DISTRICT,
             PIN - 688 524

      2      THE DIRECTOR,
             MINING AND GEOLOGY,
             OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM,
             PATTAM, THIRUVANANTHAPURAM, PIN - 695 001

      3      THE STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
             PIN - 695 001

             BY SMT.VINITHA B., SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.03.2022,   THE     COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.9128 OF 2022

                                    -: 2 :-


                                JUDGMENT

Dated this the 18th day of March, 2022

This writ petition is filed seeking directions to the 1 st

respondent to issue transit permit and transit passes to the

petitioner for the quantity of earth covered by Ext.P3 challan. The

petitioner submits that building permit and development permit as

required have 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 1 st respondent to take up the

application submitted by the petitioner as is evident by Ext.P3 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

Jvt/18.3.2022 WP(C) NO.9128 OF 2022

APPENDIX OF WP(C) 9128/2022

PETITIONER EXHIBITS

Exhibit -P1 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 23.7.2021 ISSUED BY THE VENMONY GRAMA PANCHAYATH

Exhibit -P2 TRUE COPY OF THE BUILDING PERMIT DATED 23.7.2021 ISSUED BY THE VENMONY GRAMA PANCHAYATH

Exhibit- P3 TRUE COPY OF THE COUNTER FOIL OF CHELAN FOR RS. 1,19,480/- DATED 13.12.2021 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER TOWARDS THE RECEIPT OF ROYALTY OF THE ENTIRE QUANTITY OF ORDINARY EARTH