K.V. Krishnakumar vs The Director
2023 Latest Caselaw 4861 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
  THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                      WP(C) NO. 13740 OF 2023
PETITIONER:

          K.V. KRISHNAKUMAR
          AGED 64 YEARS
          28/886 "HARITHA" PANDARAKADAVU, KUNNATHURMEDU. P.O,
          PALAKKAD, KERALA, PIN - 678 013
          REPRESENTED BY HIS POWER OF ATTORNEY HOLDER RAJAMMA
          R., AGED 34, W/O RAMADAS RESIDING AT VALLIKULAMBU
          HOUSE, NENMENI P.O, KOLLAMKODU I, PALAKKAD KERALA,
          PIN - 678 506.

          BY ADVS.
               P.M.MANOJ
               P.ANTO THOMAS
               HAMZATH ALI V.K.


RESPONDENTS:

    1     THE DIRECTOR
          DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
          PATTOM PALACE P.O, THIRUVANANTHAPURAM,
          PIN - 695 004.

    2     DISTRICT COLLECTOR - PALAKKAD
          COLLECTRATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD,
          KERALA, PIN - 678 013.

    3     DEPUTY DIRECTOR - II
          DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
          PATTOM PALACE P.O, THIRUVANANTHAPURAM, PIN - 695 004

    4     THE GEOLOGIST
          DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
          MUNICIPAL SHOPPING COMPLEX, T.B.ROAD, PALAKKAD, PIN
          - 678 014.

          BY ADV GOVERNMENT PLEADER
 W.P.(C)No.13740 of 2023                  2

OTHER PRESENT:

             SMT. PARVATHY K. -GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.04.2023,      THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.13740 of 2023                  3

                                JUDGMENT

Dated this the 13th day of April, 2023

This writ petition is filed seeking directions to the 4 th respondent to

consider Ext.P9 application made for transit passes for removal of

ordinary earth from the property of the petitioner. The petitioner submits

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 4th respondent to take up Ext.P9 application

submitted by the petitioner, in case the application is supported by all

necessary documents,and to consider and pass orders on the same after

considering all relevant aspects of the matter and after conducting due

site inspections and after perusing the relevant documents to be

produced by the petitioner. Appropriate orders shall be passed within a

period of one month from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE AMR

APPENDIX OF WP(C) 13740/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT NO 25/2022-23/OC/DOP/584/2021/A1 DATED 30.05.2022.

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO. DCPKD/2642/2020-CAI DATED 05.03.2020.

Exhibit P3 THE PHOTOGRAPH OF THE POND HAVING AN EXTENT OF 0.6880 H. IN BL. NO 49, RE. SUR. NO. 692/1 OF PATTANCHERY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT OWNED BY MR. C.S. BHAGAVAL DAS SUBMITTED BEFORE THE 4TH RESPONDENT.

Exhibit P4 THE PHOTOGRAPH SUBMITTED BEFORE THE 4TH RESPONDENT OF THE POND HAVING AN EXTENT OF

OF PERUVEMBU VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT OWNED BY MR. MR. N.S. VISWANATHAN SUBMITTED BEFORE THE 4TH RESPONDENT.

Exhibit P5 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 05.07.2021.

Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 09.08.2021 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22.09.2021.

Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 29.11.2021IN WP(C) 26910 OF 2021.

Exhibit P9 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 01.04.2023.