Kerala High Court
Jobin P O vs State Of Kerala on 3 April, 2024
WP(C) No.11856/2023 1/3 Order Date : 03-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Wednesday, the 3rd day of April 2024 / 14th Chaithra, 1946
WP(C) NO. 11856 OF 2023
PETITIONERS:
1. JOBIN P O, AGED 42 YEARS, S/O OUSEPH, PAPPAKKAUDATH HOUSE, KANINAD P
O, KUTTANIKKARA, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT, PIN - 682310
2. BIJU K X, AGED 50 YEARS, S/O XAVIER, KODIYANTHRA HOUSE, VYPIN,
MALIPPURAM P O, KOCHI TALUK, ERNAKULAM DISTRICT, PIN - 682511
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001
3. SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
4. THE POOTHRIKKA GRAMA PANCHAYATH, AIKARANAD SOUTH, POOTHRIKKA P.O,
ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 682308
5. THE SECRETARY, POOTHRIKKA GRAMA PANCHAYATH, AIKARANAD SOUTH,
POOTHRIKKA P.O, ERNAKULAM DISTRICT, PIN - 682308
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 5th respondent to consider Ext. P1 application for
building permit as well as development permit in accordance with law,
pending disposal of this writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
06.03.2024 and upon hearing the arguments of SRI.MANOJ P.KUNJACHAN,
Advocate for the petitioners and of PUBLIC PROSECUTOR for R1 to R3, the
court passed the following:
WP(C) No.11856/2023 2/3 Order Date : 03-04-2024
MOHAMMED NIAS C.P., J
............................................................
W.P(C) No.11856 of 2023
.............................................................
Dated this the 3rd day of April, 2024
ORDER
In the nature of the contentions raised in the writ petition, the Director
of Mining and Geology, Ernakulam and the District Geologist, Ernakulam are
suo motu impleaded as respondents 6 and 7 in the writ petition. The learned
Government Pleader takes notice for the additional respondents 6 and 7. The
said respondents are directed to file a counter affidavit meeting the averments
in the writ petition.
Post on 30.5.2024.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
okb/
WP(C) No.11856/2023 3/3 Order Date : 03-04-2024
APPENDIX OF WP(C) 11856/2023
Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONERS BEFORE THE 4TH RESPONDENT DATED 22/10/2022
Exhibit P2 TRUE COPY OF THE PLAN SUBMITTED BEFORE THE 4TH
RESPONDENT
Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 17/01/2023 BEARING
NO. 400629/BPRL02/ GENERAL/2022/4413/(1) OF THE 5TH
RESPONDENT
Exhibit P4 TRUE COPY OF THE CALCULATION SHEET OF THE EARTH WORK
AREA WHICH IS PRODUCED ALONG WITH APPLICATION FOR
PERMIT
Exhibit P5 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 1ST
PETITIONER DATED 06/02/2023
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 17/02/2023 IN WP(C) NO.
2795 OF 2023
Exhibit P7 TRUE COPY OF THE ORDER PASSED BY THE 5TH RESPONDENT
DATED 21/03/2023 BEARING NO. 4413/2022
Exhibit P8 TRUE COPY OF THE G.O.(ORD.)NO. 1795/2021/LSGD DATED
18/09/2021
Exhibit P9 TRUE COPY OF THE G.O.(MS)NO. 106/2021/ID DATED
27/10/2021
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 12/07/2021 IN WP(C) NO.
10036 OF 2021
Exhibit-R4(a) True copy of the communication issued to the petitioner
dated 17-01-2023 by the Secretary
Exhibit-R4(b) True copy of the reply submitted by the petitioner
dated 06-02-2023
Exhibit-R4(c) True copy of the Government order vide G.O.(P)
No.1795/2021/LSGD dated 18-09-2021
Exhibit-R4(d) True copy of the Government order vide G.O.(MS)
No.106/2021/ID dated 27-10-2021
