T.P. Kunjumon vs State Of Kerala
2023 Latest Caselaw 3204 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. 10264 OF 2023
PETITIONER:
              T.P. KUNJUMON
              AGED 56 YEARS
              AGED 56 YEARS, S/O PONNAPPAN PILLAI, CHAIRMAN, VEERASAIVA
              EDUCATIONAL AND EMPOWERMENT TRUST, VETTINADU, VATTAPARA,
              UDUMBANCHOLA P.O., PATHANAMTHITTA, RESIDING AT:-
              MANGALATHU VEEDU, NEELESWARAM P.O., KOTTARAKARA, KOLLAM
              DISTRICT, PIN - 691506
              BY ADVS.
              K.V.ANIL KUMAR
              SWAPNA VIJAYAN
              RADHIKA S.ANIL
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA,
           SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001
     2     THE DISTRICT COLLECTOR
           COLLECTORATE, PATHANAMTHITTA DISTRICT, PIN - 689645
     3     THE TOWN PLANNER
           DISTRICT TOWN PLANNING OFFICE, PATHANAMTHITTA, PIN -
           689645
     4     THE VILLAGE OFFICER
           ENATHU VILLAGE, ENATHU, ADOOR TALUK, PATHANAMTHITTA
           DISTRICT, PIN - 691526
     5     THE SECRETARY
           EZHAMKULAM GRAMA PANCHYATH, PARAKODE P.O., EZHAMKULAM,
           PATHANAMTHITTA, PIN - 691554
     6     THE SENIOR GEOLOGIST
           DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, NEAR
           KENDRIYA VIDYALAYA, ADOOR P. O. PATHANAMTHITTA DISTRICT,
           PIN - 691523
           BY SMT.PARVATHY.K-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.10264 OF 2023

                               2




                    ANU SIVARAMAN, J.

           =========================
              W.P.(C) No.10264 of 2023
           =========================

           Dated this the 23rd day of March, 2023



                         JUDGMENT

This writ petition is filed seeking directions to

the 6th respondent to take up Exhibit P9 request 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 Chairman of a Trust

which owns 202.77 Ares of property in Survey Nos.9/4-1,

17/1, 17/1-1, 18/3-1 of Enathu Village of Adoor Taluk in

Pathanamthitta District. The petitioner has obtained WP(C) NO.10264 OF 2023

Exhibit P7 building permit in respect of the property from

the concerned Panchayath. It is submitted that the

petitioner has also preferred Ext.P9 request before the 6 th

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 request has to be

considered by the 6th respondent without delay.

Having considered the contentions advanced

and in view of the fact that the petitioner has approached

the 6th respondent with Ext.P9 request, I am of the

opinion that it is for the 6 th respondent to take an

appropriate decision on the same. There will, accordingly,

be a direction to the 6 th respondent to take up Ext.P9

request submitted by the petitioner, if the same is

supported by all necessary documents and to consider

and pass orders on the same, taking specific note of the

building permit. Due site inspections shall also be WP(C) NO.10264 OF 2023

conducted by the 6th respondent and 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 SSK/23/03 WP(C) NO.10264 OF 2023

APPENDIX PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT WIDE NO. KL03010406121/2022 DATED 11.08.2022 ISSUED BY THE 4TH RESPONDENT Exhibit-P2 A TRUE COPY OF THE PROPERTY TAX RECEIPT WIDE NO. KL03010406124/2022 DATED 11.08.2022 ISSUED BY THE 4TH RESPONDENT Exhibit-P3 A TRUE COPY OF THE PROPERTY TAX RECEIPT WIDE NO. KL03010406122/2022 DATED 11.08.2022 ISSUED BY THE 4TH RESPONDENT Exhibit-P4 A TRUE COPY OF THE LOCATION MAP DATED 24.02.2023 ISSUED BY THE 4TH RESPONDENT Exhibit-P5 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28.02.2023 ISSUED BY THE 4TH RESPONDENT Exhibit-P6 A TRUE COPY OF THE SANCTION WIDE ORDER NO. TCPPTA/523/2022/C OF THE 3RD RESPONDENT DATED 06.0202023 Exhibit-P7 A TRUE COPY OF THE BUILDING PERMIT DATED 14.03.2023 ISSUED BY THE 5TH RESPONDENT Exhibit-P8 A TRUE COPY OF THE DEVELOPMENT PLAN APPROVED BY THE 5TH RESPONDENT Exhibit-P9 A TRUE COPY OF APPLICATION DATED 15.03.2023 AND ITS RECEIPT CORRESPONDENCE NO. 928847 ISSUED BY THE 6TH RESPONDENT