Jariyath.K vs The Director
2022 Latest Caselaw 3249 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.9096 OF 2022
PETITIONER :-

             JARIYATH, AGED 45 YEARS
             D/O.KUNJU MUHAMMED, JESSIM MANZIL,
             KUNNICODE P.O, KOTTARAKARA,
             KOLLAM DISTRICT - 691 508.

             BY ADVS.
             ABDUL RASHIQ A.
             DON PAUL


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

           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.9096 OF 2022

                                    -: 2 :-


                                JUDGMENT

Dated this the 18th day of February, 2022

This writ petition is filed seeking directions to the 2 nd

respondent to consider Ext.P8 application made for transit passes

for removal of ordinary earth from the property of the petitioner.

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 2 nd respondent to take up Ext.P8

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 two months 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.9096 OF 2022

APPENDIX OF WP(C) 9096/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 03.02.2022 ISSUED BY VILLAGE OFFICER, MELILA VILLAGE,KOTTARAKKARA TALUK

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 31.01.2022 ISSUED BY VILLAGE OFFICER, MELILA VILLAGE,KOTTARAKKARA TALUK

Exhibit P3 TRUE COPY OF THE LOCATION SKETCH DATED 31.01.2022 ISSUED BY VILLAGE OFFICER, MELILA VILLAGE, KOTTARAKKARA TALUK

Exhibit P4 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED TO THE PETITIONER BY THE MELILA GRAMA PANCHAYATH DATED 24.06.2021

Exhibit P5 TRUE COPY OF THE DEVOLVEMENT PERMIT ISSUED TO THE PETITIONER BY THE MELILA GRAMA PANCHAYATH DATED 05.08.2021

Exhibit P6 TRUE COPY OF THE AFFIDAVIT EXECUTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04.02.2022

Exhibit P7 TRUE COPY OF THE REPORT DATED 31.01.2022 BY THE VILLAGE OFFICER, MELILA VILLAGE TO THE 2ND RESPONDENT

Exhibit P8 TRUE COPY OF THE APPLICATION BY THE PETITIONER FOR GRANTING PERMIT FOR EARTH REMOVING DATED 09.02.2022 SUBMITTED TO THE 2ND RESPONDENT