Mohanan vs State Of Kerala
2023 Latest Caselaw 3252 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. 8272 OF 2023
PETITIONER:

              MOHANAN
              AGED 55 YEARS
              S/O. THOMAS, KAIPPLAGAT HOUSE, VATTAYI, KUNDAKKAD P.O.,
              THRISSUR DISTRICT, PIN - 680028

              BY ADVS.
              DINESH MATHEW J.MURICKEN
              VINOD S. PILLAI
              MOHAMMED THAYIB N.M.
              NAYANA VARGHESE
              AHAMMAD SACHIN K.



RESPONDENTS:

     1        STATE OF KERALA
              REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,
              SECRETARIAT, STATUTE JUNCTION, THIRUVANANTHAPURAM
              GENERAL.P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695001

     2        THE GEOLOGIST
              DISTRICT OFFICE OF THE DEPARTMENT OF MINING & GEOLOGY,
              MINI CIVIL STATION, CHEMBUKKAVU.P.O. THRISSUR DISTRICT,
              PIN - 680020

              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. 8272 OF 2023                   2


                                    JUDGMENT

Dated this the 23rd day of March, 2023

This writ petition is filed seeking consideration of Ext.P5

application submitted by the petitioner for extension of time to

remove ordinary earth.

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

Ext.P4 permission had been granted on 14/11/2022 but the ordinary

earth could not be removed within the time granted. It is submitted

that Ext.P5 request has therefore been made before the Geologist

seeking extension of time.

Having heard the learned Government Pleader also, there will be

a direction to the 2nd respondent to take up Ext.P5 request made by

the petitioner and to consider and pass orders on the same and

communicate the same to the petitioner. Necessary shall be done

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 ska

APPENDIX OF WP(C) 8272/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED FROM THE THEKKUMKARA VILLAGE OFFICE DATED 11.11.2021

Exhibit P2 TRUE COPY OF THE BUILDING PERMIT NO.SC1-

BA(201503)/2022 ISSUED FROM THE THEKKUMKARA GRAMA PANCHAYAT DATED 17.06.2022

Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.06.2022

Exhibit P4 TRUE COPY OF THE ORDER NO.229/22-

23/2446/OE/CI/TDO/2022-E ISSUED BY THE 2ND RESPONDENT DATED 14.11.2022

Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 03.03.2023