Kerala High Court
Madhu Sreekumaran Vasudevan vs Ramapuram Grama Panchayat Represented ... on 27 March, 2024
WP(C) No.12014/2024 1/4 Order Date : 27-03-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Wednesday, the 27th day of March 2024 / 7th Chaithra, 1946
WP(C) NO. 12014 OF 2024
PETITIONER:
MADHU SREEKUMARAN VASUDEVAN, AGED 46 YEARS, S/O VASUDEVAN
NAMBOOTHIRI, KEEZHAKKALLILLAM, RAMAPURAM P.O, KOTTAYAM, PIN-686576
RESPONDENTS:
1. RAMAPURAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OFFICE OF
THE RAMAPURAM GRAMA PANCHAYAT, MANIYAMMACKAL, RAMAPUARAM, KOTTAYAM,
PIN-686576
2. SECRETARY, RAMAPUARAM GRAMA PANCHAYAT, OFFICE OF THE RAMAPURAM GRAMA
PANCHAYAT, MANIYAMMACKAL, RAMAPUARAM, KOTTAYAM, PIN-686576
3. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, KOTTAYAM DISTRICT,
PIN-686002
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 3rd respondent to re consider the application dated
02/02/2023 for renewal of transit passes submitted by the petitioner
uninfluenced by the observations in report of the 2nd Respondent mentioned
in Exhibit P7 pending disposal of the above Writ Petition
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. CHITHRA CHANDRASEKHARAN, Advocates for the petitioner and SRI.
GEORGEKUTTY MATHEW, Advocate for R1 & R2, the court passed the following:
WP(C) No.12014/2024 2/4 Order Date : 27-03-2024
VIJU ABRAHAM , J.
===========================
WP(C) No. 12014 of 2024
============================
Dated this the 27th day of March, 2024
ORDER
Admit.
The learned Standing Counsel takes notice for respondents 1
and 2. The learned Government Pleader takes notice for the 3 rd
respondent.
Petitioner has approached this Court aggrieved by Ext.P7
order, wherein the Geologist while considering an application for
renewal of transit passes relying on Rule 14(2) of the KMMC Rules,
2015 (hereinafter referred to as Rules 2015), submits that the
application will be considered only if a report of the technical
expert committee is obtained. Petitioner has a specific contention
that these are matters which should have been looked into by the
local authority while issuing a permit, and the Geologist cannot act
upon Rule 14(2) of the Rules 2015 and say that the application
could be considered only after obtaining a report from the technical
expert committee. The contention of the petitioner in this regard
can be decided at the time of final disposal of the writ petition.
In view of the urgency posed by the petitioner there will be an
interim order directing respondents 1 and 2 to conduct an
WP(C) No.12014/2024 3/4 Order Date : 27-03-2024
inspection of the property of the petitioner and find out whether
the provisions of Rule 14(2) of the Rules 2015 is applicable in
respect of the said property, and if they find that the said Rule is
not applicable, the 2nd respondent shall intimate the same to the
Geologist concerned. A decision in this regard shall be taken within
an outer limit of one week from the date of receipt of a copy of the
order.
Post on 11.04.2024.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
WP(C) No.12014/2024 4/4 Order Date : 27-03-2024
APPENDIX OF WP(C) 12014/2024
Exhibit P1 A TRUE COPY OF THE LOCATION SKETCH NO.629/2021 ISSUED
BY THE VILLAGE OFFICER, RAMAPURAM TO THE PETITIONER
DATED 30/10/2021
Exhibit P2 A TRUE COPY OF THE BUILDING PERMIT NO. BA(161438)/2022
DATED 17/05/2022 ISSUED BY THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE MOVEMENT PERMIT NO.
1024/2022-2023/2512/DOY/ ML/2022 DATED 04/01/2023
Exhibit P4 A TRUE COPY OF THE INTERIM ORDER IN WP(C) NO. 2330/2023
DATED 31/01/2023
Exhibit P5 A TRUE COPY OF THE ORDER NO.2512/DY/ML/2022 DATED
29/03/2023 IS ISSUED BY THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP(C) NO.13089/2023 DATED
16/11/2023 IN THIS HON'BLE COURT
Exhibit P7 A TRUE COPY OF THE ORDER NO.
260/20232024/2512/DOY/ML/2022 DATED 15/01/2023
