Ansarudheen.A vs The Director
2023 Latest Caselaw 4610 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                         WP(C) NO. 10606 OF 2023
PETITIONER:

              ANSARUDHEEN.A
              AGED 48 YEARS
              AKKARATHATTIL VEED, NILAMEL P.O, KOTTARAKARA, KOLLAM
              DISTRICT, PIN - 691535
              BY ADVS.
              ABDUL RASHIQ A.
              DON PAUL
              SIYA N.
              HARIKRISHNAN NAIR K.U.


RESPONDENTS:

     1        THE DIRECTOR
              DEPARTMENT OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM
              PALACE PO, THIRUVANANTHAPURAM, PIN - 695004
     2        THE GEOLOGIST
              DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, TALUK
              OFFICE COMPOUND, KOLLAM, PIN - 691001
     3        THE ASSISTANT GEOLOGIST
              DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, TALUK
              OFFICE COMPOUND, KOLLAM, PIN - 691001


              BY SMT.PARVATHY.K-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.10606 OF 2023

                               2


                  ANU SIVARAMAN, J.
           =========================
               W.P.(C) No.10606 of 2023
           =========================
            Dated this the 12th day of April, 2023

                         JUDGMENT

This writ petition is filed seeking directions to

the 2nd respondent to take up Exhibit P8 application

and to issue mineral transit passes, within a time

limit.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner that the petitioner is the owner of 4.86 Ares of

property in Re.Survey No.343/21-2 of Nilamel Village of

Kottarakara Taluk in Kollam District. The petitioner has

obtained Exhibit P4 building permit in respect of the

property from the concerned Panchayath. It is submitted

that the petitioner has also submitted Ext.P8 application WP(C) NO.10606 OF 2023

before the 2nd respondent seeking permission for removal

of ordinary earth and for issuance of transit passes in

respect of the same. It is submitted that the said

application has to be considered by the 2 nd respondent

without delay.

Having considered the contentions advanced

and in view of the fact that the petitioner has approached

the 2nd respondent with Ext.P8 application, I am of the

opinion that it is for the 2 nd respondent to take an

appropriate decision on the same. There will, accordingly,

be a direction to the 2nd respondent to take up Ext.P8

application submitted by the petitioner, if the same is

supported by all necessary documents and to consider

and pass orders on the same, taking specific note of the

building permit. Due site inspections shall also be

conducted by the 2nd respondent and orders shall be WP(C) NO.10606 OF 2023

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 SSK/12/04 WP(C) NO.10606 OF 2023

APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 09.12.2022 ISSUED BY VILLAGE OFFICER, NILAMEL VILLAGE, KOTTARAKARA TALUK,KOLLAM DIST.

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 12.12.2022 ISSUED BY VILLAGE OFFICER, NILAMEL VILLAGE, KOTTARAKARA TALUK, KOLLAM DIST. Exhibit P3 TRUE COPY OF THE LOCATION SKETCH DATED 13.12.2022 ISSUED BY VILLAGE OFFICER, NILAMEL VILLAGE, KOTTARAKARA TALUK, KOLLAM DIST.

Exhibit P4 TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONER BY THE NILAMEL GRAMA PANCHAYATH DATED 23.02.2023.

Exhibit P5 TRUE COPY OF THE DEVOLVEMENT PLAN ISSUED TO THE PETITIONER BY THE NILAMEL GRAMA PANCHAYATH DATED 23.02.2023.

Exhibit P6        TRUE COPY OF THE AFFIDAVIT EXECUTED BY
                  THE    PETITIONER     BEFORE     THE    2ND
                  RESPONDENT DATED 02.03.2023
Exhibit P7        TRUE    COPY    OF   THE   REPORT     DATED
                  28.02.2023    ISSUED    BY   THE    VILLAGE

OFFICER, NILAMEL VILLAGE,KOTTARAKARA TALUK, KOLLAM DIST. TO THE 2ND RESPONDENT.

Exhibit P8        TRUE COPY OF THE APPLICATION SUBMITTED
                  BY    THE     PETITIONER     BEFORE     2ST

RESPONDENT, DATED 02.03.2023.