Chakkappan vs The District Geologist
2023 Latest Caselaw 4612 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. 11439 OF 2023
PETITIONER:

              CHAKKAPPAN
              AGED 60 YEARS
              SON OF KUNJUVAREETH, PEENIKKAPARAMBIL, KODASSERY,
              MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680721
              BY ADVS.
              IRFAN ZIRAJ
              P.M.ZIRAJ


RESPONDENTS:

              THE DISTRICT GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY, CHEMBUKKAV, THRISSUR
              DISTRICT, PIN - 680020


              BY SRI.APPU.P.S-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.11439 OF 2023

                                 2


                   ANU SIVARAMAN, J.
            =========================
                W.P.(C) No.11439 of 2023
            =========================
             Dated this the 12th day of April, 2023

                         JUDGMENT

This writ petition is filed seeking the following

relief:

"1. Issue a writ of mandamus or direction to the respondent to other appropriate writ, order or consider and dispose the exhibit P2 application submitted by the petitioner to transport the balance clay stacked in the premises without insisting NOC from revenue divisional officer within a reasonable period which this honourable court may deem fit and proper in the interest of justice and circumstances of the case."

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 has preferred Exhibit P2

request for transportation of clay and seeks a

consideration thereof. It is submitted that Exhibit P1 WP(C) NO.11439 OF 2023

order had earlier been issued to the petitioner in the

year 2013, but the petitioner could not carry out the

transportation as permitted in Exhibit P1.

Having heard the learned Government Pleader

also and without expressing any view on the merits of

the matter, there will be a direction to the respondent

to take up Exhibit P2 request made by the petitioner

and to consider and pass orders on the same, after

considering all relevant aspects of the matter and also

after conducting due site inspections in accordance

with law. Appropriate orders shall be passed within a

period of one month from the date of receipt of a

copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE SSK/12/04 WP(C) NO.11439 OF 2023

APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 01.03.2013 ISSUED BY THE RESPONDENT TO THE PETITIONER FOR TRANSPORTATION OF CLAY STACKED IN THE PREMISES WHICH WAS REMOVED FROM THE POND Exhibit P2 TRUE COPY OF THE APPLICATION DATED 03.01.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT Exhibit P3 TRUE COPY OF THE TAX RECEIPT IN CONNECTION WITH THE PROPERTY OF THE PETITIONER DATED 14.07.2022