Joseph P.T vs The District Geologist
2023 Latest Caselaw 11306 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                      WP(C) NO. 8267 OF 2023
PETITIONER:

           JOSEPH P.T.
           AGED 75 YEARS
           SON OF THOMAS, PANTHALANIKKAL,
           KUNDUKADU P.I., MADAKKATHARA VILLAGE,
           THRISSUR TALUK, THRISSUR DISTRICT,
           PIN - 680 028.

           BY ADVS.
           P.M.ZIRAJ
           IRFAN ZIRAJ


RESPONDENTS:

     1     THE DISTRICT GEOLOGIST
           DEPARTMENT OF MINING AND GEOLOGY,
           CHEMBUKKAV, THRISSUR DISTRICT,
           PIN - 680 020.
     2     THE DISTRICT COLLECTOR
           FIRST FLOOR, CIVIL STATION,
           CIVIL LINES RD, KALYAN NAGAR,
           AYYANTHOLE, THRISSUR,
           PIN - 680 003.

           SMT. DEEPA NARAYANAN - SR. GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.10.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.8267 OF 2023

                                  2




                              JUDGMENT

The petitioner submitted an application for transit

passes and transit permit to transport ordinary earth

from his property covered by Ext.P8 patta. The

grievance of the petitioner is that the applications for

transit passes and transit permit is not so far

considered by the 1st respondent.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader for the

respondents.

3. The learned Government Pleader opposes the

prayer of the petitioner on merits.

4. Since the only prayer of the petitioner is for a

consideration of the application for transit passes and

transit permit, there will be a direction to the 1 st

respondent to consider the said application, if received,

and if the same is in order and in accordance with law, WP(C).No.8267 OF 2023

within a period of two months from the date of receipt

of a copy of this judgment. It is made clear that, this

Court has not expressed any opinion as to the merits

of the applications stated to be filed by the petitioner.

The petitioner shall produce a copy of the writ petition

before the 1st respondent.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.8267 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE ORDER OF THE DIVISIONAL FOREST OFFICER, THRISSUR DIVISION DATED 12.09.2018 EXHIBIT P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE TAHASILDAR(R.R), THRISSUR TO THE SECOND RESPONDENT DATED 01.01.2019. EXHIBIT P3 TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT DATED 06.03.2019. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 21.03.2019 ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 14.06.2019 ISSUED BY THE FOREST DIVISIONAL OFFICER, THRISSUR DIVISION. EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 15.06.2019 ISSUED BY THE DEPUTY RANGE FOREST OFFICER, PONGANAMKADU. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 18.06.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P8 TRUE COPY OF THE PATTA DATED 15.11.2021 ISSUED BY THE SPECIAL TAHASILDAR, LAND ASSIGNMENT NO.1, THRISSUR.

EXHIBIT P9 TRUE COPY OF THE TAX RECEIPT DATED 15.06.2022 ISSUED BY THE VILLAGE OFFICER, MADAKATHARA.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT DATED 06.10.2022 IN W.P (C). NO.23601 OF 2022.

    RESPONDENTS ANNEXURES:    NIL.