Krishnan vs Director Of Mining And Geology
2022 Latest Caselaw 3624 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                        WP(C) NO. 8382 OF 2022
PETITIONER:

          KRISHNAN,
          AGED 67 YEARS
          S/O. RAMAN, SAJEEV BHAVAN, ELAMBA, ATTINGAL,
          CHIRAYINKEEZHU, THIRUVANANTHAPURAM 695 304.
          BY ADVS.
          K.SIJU
          S.ABHILASH
          ANJANA KANNATH

RESPONDENTS:

    1     DIRECTOR OF MINING AND GEOLOGY,
          DESAVADASAPURAM, PATTOM PALACE P.O, THIRUVANANTHAPURAM-
          695 004.
    2     THE DISTRICT GEOLOGIST,
          OFFICE OF MINING AND GEOLOGY, DEPARTMENT OF MINING AND
          GEOLOGY, KESAVADASAPURAM, PATTOM, PALACE P.O,
          THIRUVANANTHAPURAM-695 004
    3     REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, 1ST FLOOR, KUDAPPANAKUNNU,
          THIRUVANANTHAPURAM 695 043.
          BY SMT. VINITHA B., SENIOR GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8382 OF 2022

                                            2


                        JUDGMENT

Dated this the 24th day of March, 2022 This writ petition is filed seeking the following relief:

"i.Issue a writ of mandamus or any other writ order or direction, commanding the 2nd respondent to issue necessary transit passes by collecting royalty so as to enable the petitioner to transport the stocked boulders in his property comprised in Re.Sy.No.181/9 of Elamba Village in a time bound manner. ii.To direct the 2nd respondent to take immediate decision in Exhibit P2 and P3 in a time bound manner ."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader

3. It is submitted by the learned counsel appearing

for the petitioner that the petitioner is the owner of 8.40

Ares of property in Re.Sy.No.181/9 of Elamba Village in

Chirayinkeezhu Taluk of Thiruvananthapuram District. It is

submitted that the petitioner requires to remove the

stockpiled boulders from the property and that a request

had been made for the said purpose. It is submitted that

transit passes are also required to transport the stockpiled

boulders. It is submitted that though Exhibit P2 application WP(C).No.8382 OF 2022

was dated 29.10.2021, no steps have been taken till date.

4. Learned Government Pleader submits on

instructions that the petitioner has been required to give

the details with regard to the quantity of the stockpiled

boulders, for consideration of the application, in accordance

with law and that as soon as such details are made

available, the application will be considered in accordance

with law.

Having considered the contentions advanced, in

case the petitioner produces the details as required, of the

measurements with regard to the stockpiled boulders

before the respondent, the application submitted by the

petitioner for transporting the said material shall be

considered and appropriate decision taken and

communicated to the petitioner, within a period of three

weeks thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/23/03 WP(C).No.8382 OF 2022

PETITIONER'S EXHIBITS:

THE COPY OF LETTER DATED 13.1.2021 ISSUED BY THE Exhibit P1 2ND RESPONDENT TO THE PETITIONER. THE COPY OF APPLICATION DATED 29.10.2021 SUBMITTED Exhibit P2 BY THE PETITIONER BEFORE THE 2ND RESPONDENT. THE COPY OF LETTER DATED 21.1.2022 ISSUED BY T.M. Exhibit P3 CONSTRUCTIONS TO THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS:    NIL



 SSK                    //TRUE COPY//    PA TO JUDGE