Kerala High Court
Joseph Thomas vs The District Collector on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 15641 OF 2024
PETITIONERS:
1 JOSEPH THOMAS, AGED 72 YEARS
S/O THOMAS, KALATHIL HOUSE,
KURUMBANADU, MAMMOODU P.O,
MADAPPALLY VILLAGE,
CHANGANASSERRY TALUK,
KOTTAYAM DISTRICT., PIN - 686 536.
2 FR.ANTONY, AGED 63 YEARS
S/O THOMAS, KALATHIL HOUSE,
KURUMBANADU, MAMMOODU P.O,
MADAPPALLY VILLAGE,
CHANGANASSERRY TALUK,
KOTTAYAM DISTRICT., PIN - 686 536.
3 KUNJOONJAMMA CHACKO,
AGED 68 YEARS
D/O THOMAS, KALATHIL HOUSE,
KURUMBANADU, MAMMOODU P.O,
MADAPPALLY VILLAGE, CHANGANASSERRY TALUK,
KOTTAYAM DISTRICT., PIN - 686 536.
4 JESSI MATHEW, AGED 58 YEARS
D/O THOMAS, KALATHIL HOUSE,
KURUMBANADU, MAMMOODU P.O,
MADAPPALLY VILLAGE,
CHANGANASSERRY TALUK,
KOTTAYAM DISTRICT., PIN - 686 536
5 JAYAMMA BASIL, AGED 53 YEARS
D/O THOMAS, KALATHIL HOUSE,
KURUMBANADU, MAMMOODU P.O,
MADAPPALLY VILLAGE, CHANGANASSERRY TALUK,
KOTTAYAM DISTRICT, PIN 686 536.
THE PETITIONERS NO. 2 TO 5 REPRESENTED BY THEIR
POWER OF ATTORNEY HOLDER, JOSEPH M THOMAS, AGED 72
YEARS,
S/O THOMAS, KURUMBANADU,
MAMMOODU P.O, MADAPPALLY VILLAGE,
CHANGANASSERRY TALUK, KOTTAYAM DISTRICT - 686 536.
BY ADVS.
AJITH MURALI
MOHANAN M.K.
WP(C) 15641/2024
2
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
DISTRICT COLLECTORATE OFFICE,
KOTTAYAM DISTRICT, PIN - 686 001.
2 THE VILLAGE OFFICER,
MADAPPALLY VILLAGE OFFICE,
CHANGANASSERRY TALUK,
KOTTAYAM DISTRICT., PIN - 686 546.
3 MADAPPALLY GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
MADAPALLY P.O, MADAPALLY VILLAGE,
CHANGANACHERY TALUK,
KOTTAYAM DISTRICT., PIN - 686 546.
4 THE SECRETARY,
MADAPPALLY GRAMA PANCHAYATH
MADAPALLY P.O, MADAPALLY VILLAGE,
CHANGANACHERRY TALUK,
KOTTAYAM DISTRICT, PIN - 686 546.
5 THE SENIOR GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY,
KOTTAYAM, KOTTAYAM DISTRICT., PIN - 686 001.
SMT. THUSHARA JAMES- SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 15641/2024
3
N. NAGARESH, J
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W.P.(C).No.15641 of 2024
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Dated this the 23rd day of April, 2024
JUDGMENT
Being aggrieved by the non-consideration of Ext.P4 application
before the 3rd respondent, the petitioners have preferred this writ
petition.
2. Petitioners are the owners in possession of over 40 Acres of
property in Re-survey No.245/7-5 in Block No.10 of Madappally
Village in Changanasery Taluk in Kottayam District. Petitioners
are intending to construct new residential buildings in the said
property and for that purpose, they preferred applications before
the 3rd respondent for building permit and development permit.
3. After considering the applications, the 3rd respondent granted
Ext.P3 common permit to construct residential building as well as
develop the property. The grievance of the petitioners is that, the
property owned by them was not lying as plain land, and hence it
is highly necessary to remove surface earth for constructing
residential building. The period of Ext.P3 permit has expired and
WP(C) 15641/2024
hence petitioners are unable to remove and transport the entire
red earth.
4. According to the petitioners, they have already paid an amount of
Rs.3,27,154/- as royalty before the 3rd respondent and they
preferred another application as Ext.P4 before the 3 rd respondent
seeking permission for removing the balance red earth. The
inordinate delay on the part of the 3 rd respondent for granting
permission, according to the petitioners, is illegal and hence, they
preferred this writ petition.
5. Having heard the learned counsel for the petitioners as well as the
learned Government Pleader, this Court is of the opinion that this
writ petition can be disposed of with appropriate direction.
6. Accordingly there will be a direction to the 4 th respondent to
consider Ext.P4 application for removing the red earth, within a
period of three weeks from today.
The writ petition is disposed of with the afore direction.
sd/-
N.NAGARESH
JUDGE
AMV/24/04/2024
WP(C) 15641/2024
APPENDIX OF WP(C) 15641/2024
PETITIONER EXHIBITS
EXHIBIT-P1 THE TRUE COPY OF THE TAX RECEIPT OF PROPERTY
IN RE.SY.NO.245/7-5 ISSUED BY THE 2ND
RESPONDENT DATED 1.12.2023.
EXHIBIT-P2 THE TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT NO. BA(430337)/2023 DATED
23.12.2023 ISSUED BY THE 3RD RESPONDENT
PANCHAYATH.
EXHIBIT-P3 A TRUE COPY PERMISSION ORDER NO.
SC3/9470/2023 DATED 26.12.2023 ISSUED BY THE
3RD RESPONDENT.
EXHIBIT-P4 A TRUE COPY OF THE APPLICATION FOR SEEKING
PERMISSION FOR REMOVING THE BALANCE RED
EARTH STORED IN THE PETITIONERS' PROPERTY
DATED 27.03.2024 BEFORE THE 3RD RESPONDENT.
TRUE COPY
