Riju Jose vs The State Of Kerala
2023 Latest Caselaw 3939 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                         WP(C) NO. 11301 OF 2023
PETITIONER:

              RIJU JOSE
              AGED 32 YEARS
              S/O JOSE P K, EDATHARA, MANGARAM, PANDALAM
              P.O.,PATHANAMTHITTA DISTRICT, KERALA., PIN - 689501
              BY ADVS.
              ALEXANDER GEORGE
              SOUMYA FRANCIS


RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA,
              THIRUVANANTHAPURAM., PIN - 695001
     2        THE GEOLOGIST
              DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, NEAR
              KENDRIYA VIDYALAYA, ADOOR P.O., PATHANAMTHITTA DIST.,,
              PIN - 691523



              BY SRI.APPU.P.S-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.11301 OF 2023

                               2




                    ANU SIVARAMAN, J.

           =========================
              W.P.(C) No.11301 of 2023
           =========================

           Dated this the 30th day of March, 2023



                         JUDGMENT

This writ petition is filed seeking directions to

the 2nd 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 6.08 Ares of

property in Survey Nos.135/7-3 and 135/8-1 of

Kurampala Village of Adoor Taluk in Pathanamthitta WP(C) NO.11301 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 2 nd 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 2nd respondent without delay.

Having considered the contentions advanced

and in view of the fact that the petitioner has approached

the 2nd respondent with Ext.P5 request, I am of the

opinion that it is for the 2 nd respondent to take an

appropriate decision on the same. There will, accordingly,

be a direction to the 2nd 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 WP(C) NO.11301 OF 2023

building permit. Due site inspections shall also be

conducted by the 2nd respondent and orders shall be

passed within a period of three months from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/30/03 WP(C) NO.11301 OF 2023

APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE REVENUE TAX REMITTED BY THE PETITIONER ON 18.11.2022 BEFORE THE VILLAGE OFFICER KURAMPALA Exhibit P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY KURAMPALA VILLAGE DATED 07.02.2023 Exhibit P3 THE TRUE COPY OF THE BUILDING PERMIT NO. BA/ 1058/0229/2022 DATED 06.02.2023 ISSUED BY THE PANDALAM MUNICIPALITY Exhibit P4 THE TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE PANDALAM MUNICIPALITY DATED 14.02.2023 Exhibit P5 THE TRUE COPY OF THE APPLICATION DATED 21.02.2023 FILED BEFORE THE SECOND RESPONDENT