Satheesh P.C vs The District Geologist
2023 Latest Caselaw 8281 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                     WP(C) NO. 25015 OF 2023
PETITIONER:

          SATHEESH P.C.
          AGED 41 YEARS,
          SON OF CHANDRAN,
          RESIDING AT PARAPARAMBIL HOUSE,
          KAINOOR P.O., KAINOOR VILLAGE,
          THRISSUR TALUK,
          THRISSUR - 680014.

          BY ADVS.
          P.M.ZIRAJ
          IRFAN ZIRAJ


RESPONDENTS:

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

    2     THE DIRECTOR
          MINING AND GEOLOGY,
          OFFICE OF THE MINING AND GEOLOGY,
          KESAVADASAPURAM, PATTAM,
          THIRUVANANTHAPURAM - 695001.

    3     THE DISTRICT COLLECTOR
          FIRST FLOOR, CIVIL STATION,
          CIVIL LINES RD, KALYAN NAGAR,
          AYYANTHOLE, THRISSUR - 680003.

    4     THE VILLAGE OFFICER
          KAINOOR VILLAGE, THRISSUR - 680014.

    5     THE TAHASILDAR (LAND RECORD)
          THRISSUR TALUK, THRISSUR - 680020.
 W.P.(C) No.25015 of 2023
                              2


    6     THE STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          INDUSTRIES DEPARTMENT,
          GOVERNMENT OF KERALA,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.

          BY ADV.DEEPA N,GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.25015 of 2023
                                 3




                         JUDGMENT

Dated this the 1st day of August, 2023

The petitioner is owner of 4.25 Ares of property in Survey

No.615/9 of Kainoor Village in Thrissur Taluk. The petitioner states

that he intended to construct a building having plinth area of

126.65 Square Metres in the said property, for which he obtained

a Building Permit dated 27.12.2022 and approved building plan,

from the Puthur Grama Panchayat.

2. The grievance of the petitioner is that though he has

been issued with a Building Permit by the Grama Panchayat,

assessing earth cutting volume as 476.933 Metre Square (Ext.P2),

the Geologist is not accepting the petitioner's application for

issuance of Mineral Transit Passes, on the ground that the land is

an assigned land (patta land).

W.P.(C) No.25015 of 2023

3. I find that by Ext.P2, the Grama Panchayat has issued

Building Permit. Ext.P2 also indicates the volume of earth cutting

required for the construction. The specific case of the petitioner is

that the transportation of earth is necessary for facilitating the

construction.

In the facts and circumstances of the case, the writ petition is

disposed of directing that if the petitioner submits an application

for Mineral Transit Passes along with a copy of patta, then the 1 st

respondent-District Geologist shall receive the application and

pass appropriate orders thereon, within a further period of one

month.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.25015 of 2023

APPENDIX OF WP(C) 25015/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 19.6.2023 ISSUED BY THE VILLAGE OFFICER, KAINOOR VILLAGE Exhibit P2 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 27.12.2022 AND APPROVED BUILDING PLAN FROM THE PUTHUR GRAMA PANCHAYATH Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT DATED 6.10.2022 IN W.P (C). NO.23601 OF 2022