Jacob Kochumman vs The District Geologist
2023 Latest Caselaw 3206 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. 10184 OF 2023
PETITIONER:

              JACOB KOCHUMMAN
              AGED 54 YEARS
              , KOLLENTAYYATHU VEEDU, PANTHALAM, THEKKEKKARA P.O.,
              PATHANAMTHITTA REPRESENTED BY POWER OF ATTORNEY HOLDER
              P.K.VASANTHAN, S/O. KARUNAKARAN, AGED 64 YEARS, VASANTHA
              VILASOM, PANTHALAM, THEKKEKKARA P.O., PATHANAMTHITTA, PIN
              - 691525
              BY ADV ABHILASH S.FRANCIS


RESPONDENT:

              THE DISTRICT GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY, 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.10184 OF 2023

                                  2




                       ANU SIVARAMAN, J.

            =========================
               W.P.(C) No.10184 of 2023
            =========================

            Dated this the 23rd day of March, 2023



                         JUDGMENT

This writ petition is filed seeking directions to

the respondent to take up Exhibit P5 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 owner of 39.70 Ares

of property in Survey No.278/10 of Panthalam-

Thekkekkara Village of Adoor Taluk in Pathanamthitta WP(C) NO.10184 OF 2023

District. The petitioner has obtained Exhibit P3 building

permit in respect of the property from the concerned

Panchayath. It is submitted that the petitioner has also

preferred Ext.P5 request 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 request has to be considered by the

respondent without delay.

Having considered the contentions advanced

and in view of the fact that the petitioner has approached

the respondent with Ext.P5 request, 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.P5 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. WP(C) NO.10184 OF 2023

Due site inspections shall also be conducted by the

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/14/03 WP(C) NO.10184 OF 2023

APPENDIX PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 03.04.2022 ISSUED BY THE VILLAGE OFFICER, PANTHALAM-THEKKEKKARA VILLAGE.

Exhibit-P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14.12.2022 ISSUED FROM THE VILLAGE OFFICE, PANTHALAM- THEKKEKKARA.

Exhibit-P3 TRUE COPY OF THE BUILDING PERMIT NO.

A4-BA(359461)/2022 DATED 17.11.22 ISSUED BY THE SECRETARY, PANDALAM-

                  THEKKEKKARA GRAMA PANCHAYAT
Exhibit-P4        TRUE COPY OF THE AFFIDAVIT SUBMITTED
                  BY    THE    PETITIONER    BEFORE    THE
                  RESPONDENT DATED NIL
Exhibit-P5        TRUE COPY OF THE APPLICATION SUBMITTED
                  BY    THE    PETITIONER    BEFORE    THE
                  RESPONDENT DATED 21.12.2022.