Mathew Sam vs State Of Kerala
2023 Latest Caselaw 4966 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. 13709 OF 2023
PETITIONER:

             MATHEW SAM
             AGED 50 YEARS
             S/O MATHEW SAMUEL, RESIDING @VETTIKKAMUKALIL, FAME
             LAND, KIZHAKKEKARA, KOTTARAKARA, PIN - 691 506.

             BY ADV R.KISHORE (KALLUMTHAZHAM)


RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF
             INDUSTRIES AND COMMERCE SECRETARIAT, TRIVANDRUM,
             PIN - 695 001.

      2      THE GEOLOGIST
             DISTRICT OFFICE DEPARTMENT OF MINING & GEOLOGY,
             KESAVANIKETHAN,ASRAMOM,KOLLAM, PIN - 691 002.

      3      SECRETARY
             REPRESENTED BY SECRETARY, KOTTARAKARA, KOLLAM,
             PIN - 691 531.

      4      VILLAGE OFFICER
             KOTTARAKARA VILLAGE OFFICE, KOTTARAKARA, KOLLAM, PIN
             - 691 531.


       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. 13709 of 2023                  2


                                JUDGMENT

Dated this the 13th day of April, 2023

This writ petition is filed seeking directions to the 2nd respondent to

consider Ext.P1 application made for transit passes for removal of

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

that building permit as required has 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 2nd respondent to take up Ext.P1 application

submitted by the petitioner 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 AMR

APPENDIX OF WP(C) 13709/2023

PETITIONER'S EXHIBITS

Exhibit:P1 THE TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 20.03.2023.

Exhibit:P2 THE TRUE COPY OF THE BUILDING PERMIT NUMBERED AS E-406/2023 DATED 04.03.2023.

Exhibit:P3 THE TRUE COPY OF THE BUILDING PLAN APPROVED BY THE PANCHAYATH DATED 27.02.2023.

Exhibit:P4 THE TRUE COPY OF THE AFFIDAVIT SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit:P5 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 17.03.2023.

Exhibit:P6 THE TRUE COPY OF THE LAND TAX RECEIPT OF THE PETITIONER DATED 29.09.2022.

Exhibit:P7 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 17.03.2023.