K M Shaju vs The State Of Kerala
2023 Latest Caselaw 4175 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                         WP(C) NO.9468 OF 2023
PETITIONER :-

             K M SHAJU, AGED 54 YEARS
             S/O.MUHAMMED SALI, THEKKEKKOTTARATHIL, ADINAD,
             KULASHEKHARAPURAM P.O., KARUNAGAPPALLY,
             KOLLAM DISTRICT, PIN - 690 544

             BY ADVS.
             ALEXANDER GEORGE
             SOUMYA FRANCIS


RESPONDENTS :-

     1       THE STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY,
             GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001

     2       THE GEOLOGIST
             DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
             NEAR KENDRIYA VIDYALAYA, ADOOR P.O.,
             PATHANAMTHITTA DIST., PIN - 691 523

             BY SMT.PARVATHY K., GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.03.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.9468 OF 2023

                                     -: 2 :-


                                  JUDGMENT

Dated this the 31st day of March, 2023

This writ petition is filed seeking directions to the 2 nd

respondent to consider the application submitted by the petitioner

for transit passes for removal of ordinary earth from the property of

him, as evidenced by Ext.P5 receipt. The petitioner submits that

Ext.P3 building permit and Ext.P4 development permit as required

have 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 2 nd respondent to take up the

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. Appropriate

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

Jvt/31.3.2023 WP(C) NO.9468 OF 2023

APPENDIX OF WP(C) 9468/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE REVENUE TAX REMITTED BY THE PETITIONER ON 22.09.2022 BEFORE THE VILLAGE OFFICER PALLICKAL

Exhibit P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY PALLICKAL VILLAGE DATED 13.07.2021

Exhibit P3 THE TRUE COPY OF THE BUILDING PERMIT NO. A3-BA (91925)/2022 DATED 15.03.2022 ISSUED BY THE PALLICKAL GRAMA PANCHAYATH

Exhibit P4 THE TRUE COPY OF THE DEVELOPMENT PERMIT PLAN ISSUED BY THE PALLICKAL GRAMA PANCHAYATH DATED 20.01.2022

Exhibit P5 THE TRUE COPY OF THE RECEIPT DATED 31.03.2022 FILED BEFORE THE SECOND RESPONDENT