Polson Mohan vs The District Geologist
2023 Latest Caselaw 3186 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                       WP(C) NO. 9993 OF 2023
PETITIONER:

          POLSON MOHAN
          AGED 29 YEARS
          KIZHAKKE MULAKKAL VEEDU, PUTHUMALA P.O,
          PATHANAMTHITTA DISTRICT, PIN - 691554
          BY ADV ABHILASH S.FRANCIS
RESPONDENT:

          THE DISTRICT GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY,
          PATHANAMTHITTA DISTRICT, PIN - 691523
          SRI.APPU.P.S-GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9993 OF 2023

                                     2




                               JUDGMENT

Dated this the 23rd day of March, 2023

This writ petition is filed seeking directions to the respondent to

consider Ext.P5 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 respondent to take up Ext.P5 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 three months from the date of receipt of a copy of this

judgment.

WP(C) NO. 9993 OF 2023

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 9993 OF 2023

APPENDIX OF WP(C) 9993/2023

PETITIONER'S EXHIBITS Exhibit-P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, EZHAMKULAM DATED 13.12.2022 Exhibit-P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, EZHAMKULAM DATED 16.02.2023 Exhibit-P3 TRUE COPY OF THE BUILDING PERMIT NO. E1-

BA(62328)/2023 ISSUED BY THE SECRETARY, EZHAMKULAM GRAMA PANCHAYAT, DATED 16.02.2023 Exhibit-P4 TRUE COPY OF THE NOTARIZED AFFIDAVIT FILED BEFORE THE RESPONDENT DATED NIL Exhibit-P5 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE RESPONDENT DATED 24.02.2023 RESPONDENT'S EXHIBITS: NIL