Sreejith vs The District Geologist
2022 Latest Caselaw 5710 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
       FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                        WP(C) NO. 15552 OF 2022
PETITIONER/S:

          SREEJITH, AGED 37 YEARS
          SON OF SATHIYAMMA, RESIDING AT CHITHRALAYAM,
          KAKKAKOTTOOR, AMBALATHUM KALA P.O,
          KOLLAM DISTRICT, PIN - 691505

          BY ADVS.
          P.M.ZIRAJ
          IRFAN ZIRAJ



RESPONDENT/S:

          THE DISTRICT GEOLOGIST
          DISTRICT OFFICE OF MINING AND GEOLOGY,
          KOLLAM DISTRICT., PIN - 691008

          R BY SR.GP SMT. VINITHA B


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15552 OF 2022       ..2..




                          JUDGMENT

This writ petition is filed for a direction to the

respondent to consider the application filed by the

petitioner for removal of ordinary earth from the property

of the petitioner, for the purpose of constructions of

residential building. The petitioner has produced Ext.P3

receipt to show that the petitioner has submitted

application for removal of ordinary earth before the

respondent. The limited relief sought for by the petitioner

is for a direction to the respondent to consider his

application pending before the respondent.

2. Heard the learned Counsel for the petitioner and

the learned Government Pleader.

3. There will be a direction to the respondent to take

up the application of the petitioner for removal of

ordinary earth, evidenced by Ext.P3 receipt and pass

appropriate orders, after conducting site inspection and WP(C) NO. 15552 OF 2022 ..3..

after considering all relevant aspects of the matter, within

a period of one month from the date of receipt of a copy

of this judgment.

The writ petition is disposed of accordingly.

Sd/-

                           MURALI PURUSHOTHAMAN
                                   JUDGE
SB/27/05/2022
 WP(C) NO. 15552 OF 2022          ..4..

               APPENDIX OF WP(C) 15552/2022

PETITIONER EXHIBITS

Exhibit P1            TRUE COPY OF THE BUILDING PERMIT DATED

21.10.2021 FROM THE EZHUKONE GRAMA PANCHAYATH

Exhibit P2 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 3.12.2021 FROM THE EZHUKONE GRAMA PANCHAYATH

Exhibit P3 TRUE COPY OF THE RECEIPT DATED 19.1.2022 ISSUED BY THE RESPONDENT TO THE PETITIONER

Exhibit P4 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 22.4.2022 IN WPC NO.14197/2022

Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 24.3.2022 IN WPC NO.9556 OF 2022