Rajani Thomas vs State Of Kerala
2023 Latest Caselaw 1796 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.3300 OF 2023
PETITIONER :-

             RAJANI THOMAS, AGED 50 YEARS
             W/O.CHACKO, THANUVELILAYA PATHALIL HOUSE,
             KARIKULAM, ATHIKKAYAM VILLAGE NARANMOOZHI.P.O,
             RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 711

             BY ADVS.
             V.SETHUNATH
             V.R.MANORANJAN (MUVATTUPUZHA)
             SREEGANESH U.
             OBEID ABDUL MAJEED


RESPONDENTS :-

      1      STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR,
             CIVIL STATION, PATHANAMTHITTA, PIN - 689 645

      2      THE THAHASILDAR
             CIVIL STATION, RANNI, PIN - 689 672

      3      THE SEINOR GEOLOGIST
             DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
             NEAR KENDRIYA VIDYALAYA, ADOOR P. O.,
             PATHANAMTHITTA DISTRICT, PIN - 691 523

      4      THE VILLAGE OFFICER
             ATHIKKAYAM, NARANMOOZHI.P.O, PIN - 689 711

             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.3300 OF 2023

                                    -: 2 :-


                                JUDGMENT

Dated this the 1st day of February, 2023

This writ petition is filed seeking directions to the 3 rd

respondent to consider Ext.P6 application made for mineral transit

pass for removal of ordinary earth from the property of the

petitioner. The petitioner submits that site approval and building

permit and the development 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 3rd respondent to take up Ext.P6

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. 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

Jvt/4.2.2023 WP(C) NO.3300 OF 2023

APPENDIX OF WP(C) 3300/2023

PETITIONER EXHIBITS

ExhibitP1 TRUE COPY OF THE TAX RECEIPT DATED 16-07-2022 ISSUED BY THE VILLAGE OFFICE, ATHIKKAYAM

ExhibitP2 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 21-07-2022 ISSUED BY THE VILLAGE OFFICE, ATHIKKAYAM

ExhibitP3 THE TRUE COPY OF THE LOCATION SKETCH NO.

277/2022 ISSUED BY THE VILLAGE OFFICE, ATHIKKAYAM

ExhibitP4 THE TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED BY THE NARANAMOOZHY PANCHAYATH DATED 20-12-2022

ExhibitP5 THE TRUE COPY OF THE APPROVED DEVELOPMENT PLAN ISSUED BY THE NARANAMOOZHY PANCHAYATH DATED 20- 12-2022

ExhibitP6 THE TRUE COPY OF THE APPLICATION DATED 21-12-

2022 FILED BEFORE 3RD RESPONDENT

ExhibitP7 TRUE COPY OF THE NOTARISED AFFIDAVIT FILED BEFORE THE 3RD RESPONDENT DATED 20-12-2022

ExhibitP8 TRUE COPY OF THE NOTARISED AFFIDAVIT FILED BEFORE THE 3RD RESPONDENT DATED 20-12-2022