Chellappan K.N vs District Geologist
2023 Latest Caselaw 1765 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                       WP(C) NO. 3412 OF 2023
PETITIONER:

          CHELLAPPAN K.N
          AGED 76 YEARS
          S/O NEELAKANDAN KALLUMPURATHU KIZHAKKETHIL VEEDU -
          THUVAYOOR SOUTH, PATHANAMTHITTA, PIN - 691530
          BY ADVS.
          R.SUNIL KUMAR
          A.SALINI LAL
          ARUN KRISHNA
          NIKITHA SURESH


RESPONDENT:

          DISTRICT GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY - ADOOR,
          PATHANAMTHITTA, PIN - 691532



          BY SMT.PARVATHY.K-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3412 OF 2023

                                       2



                                JUDGMENT

Dated this the 1st day of February, 2023

This writ petition is filed seeking directions to the

respondent to take up Exhibit P1 application and to issue

mineral transit passes, within a time limit.

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 is the owner of 6.07 ares of

property in Re-survey No.54/14-2 (Block No.14) of

Kadambanad Village, Adoor Taluk, Pathanamthitta District.

The petitioner has obtained the building permit in respect of

the property from the concerned Panchayath. It is

submitted that the petitioner has also preferred Ext.P1

application before the respondent seeking permission for

removal of ordinary earth and for issuance of transit passes

in respect of the same. It is submitted that the said

application has to be considered by the respondent without

delay.

WP(C).No.3412 OF 2023

Having considered the contentions advanced and

in view of the fact that the petitioner has approached the

respondent with Ext.P1 application, I am of the opinion that

it is for the respondent to take an appropriate decision on

the same. There will, accordingly, be a direction to the

respondent to take up Ext.P1 application submitted by the

petitioner and to consider and pass orders on the same,

taking specific note of the building permit. Due site

inspections shall also be conducted by the respondent and

orders shall be passed within a period of three weeks from

the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/01/02 WP(C).No.3412 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:

COPY OF THE APPLICATION FILED BEFORE THE Exhibit P1 RESPONDENT DATED 28/1/23 ALONG WITH DOCUMENTS RESPONDENTS' EXHIBITS: NIL

SSK //TRUE COPY// PA TO JUDGE