Easow Mathew vs State Of Kerala
2023 Latest Caselaw 4872 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. 13549 OF 2023
PETITIONER:

              EASOW MATHEW
              AGED 68 YEARS
              MANATHARAYIL PANNIYALI OMALLUR P.O PATHANAMTHITTA
              DISTRICT 689647 THROUGH HIS POWER OF ATTORNEY HOLDER JOHN
              MATHEW, MANATHARAYIL PANNIYALI OMALLUR P.O,
              PATHANAMTHITTA DISTRICT, PIN - 689647

              BY ADVS.
              UNNI. K.K. (EZHUMATTOOR)
              PRAFIN JOSEPH ZACHARIA


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA
              GOVT. SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001

     2        DISTRICT COLLECTOR
              PATHANAMTHITTA., PIN - 689501

     3        THE SENIOR GEOLOGIST
              MINING AND GEOLOGY KIP CAMPUS, ADOOR, PIN - 691523

     4        OMALLUR GRAMA PANCHAYATH
              REPRESENTED BY ITS SECRETARY, OMALLUR P.O,
              PATHANAMTHITTA, PIN - 689647

              BY ADVS.
              GOVERNMENT PLEADER
              Thomaskutty M.A.

              SRI. APPU P.S-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13549 OF 2023                  2




                                  JUDGMENT

Dated this the 13th day of April, 2023

This writ petition is filed seeking directions to the 3 rd respondent

to consider Ext.P3 application made for transit passes for removal of

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

that site approval and building permit, as required, have been obtained

and 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 3 rd respondent to take up Ext.P3 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 two months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 13549/2023

PETITIONER EXHIBITS

Exhibit P1 RUE COPY OF THE POSSESSION CERTIFICATE DATED 31.3.2023 ISSUED BY VILLAGE OFFICER, OMALLUR

Exhibit P2 TRUE COPY OF THE PERMIT DATED 13.2.2023 ISSUED BY THE PANCHAYATH ALONG WITH APPROVED PLAN

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 07.3.2023