Alan Bino Abraham vs Geologist

Type Court Judgment Court Kerala Decided Feb 02, 2024

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Citation: sooperkanoon.com/1296740
Court: Kerala High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Feb 02, 2024
Case Number: WP(C)/23208/2023

Parties & Advocates

Appellant / Petitioner

Alan Bino Abraham

Respondent

Geologist

Excerpt

.....the proceedings within an outer limit of one month from the date of receipt of a copy of thisjudgment.sd/- viju abraham, judge pm w.p.(c).nos.23208 & 20992 of 2023 7 appendix of wp(c) 20992/2023 petitioner's exhibits exhibit p1 the true copy of the land tax receipt dated 15-05-2020 issued from the office of the 4th respondent exhibit p2 the true copy of the partition deed no. exhibit p3 the true copy of the photographs of the area of excavation exhibit p4 the true copy of the photographs of the petitioner's house exhibit p5 . the true copy of the petition submitted before the 6th respondent exhibit p6 the true copy of the letter submitted by the petitioner to the 6th respondent and its postal receipt exhibit p7 the true copy of the petition submitted before the 4th respondent exhibit p8 the true copy of the petition submitted before the 5th respondent exhibit p9 the true copy of the receipt evidencing submission of ext p8 exhibit p10 the true copy of the letter no. l5- the 1st respondent exhibit p11 . the true copy of the letter no. s11/3030/2023 dated 06-06-2023 issued by the 5th respondent respondent exhibits exhibit r8(a) true copy of the building permit no. a2-ba(21117)/2023 dated 18/01/2023 exhibit r8(c) true copy of the demarcation w.p.(c).nos.23208 & 20992 of 2023 8 certificate no. 446/23 dated 07/03/2023 issued by the 4th respondent exhibit r8(d) true copy of the movement permit no. doern-dmg/598/2023-mdo dated 02/06/2023 exhibit r8(b) true copy of the application dated respondent for issuance of transit passes exhibit r8(e) true copy of the explanation/ reply to ext p11 dated 07/06/2023 by the deponent w.p.(c).nos.23208 & 20992 of 2023 9 appendix of wp(c) 23208/2023 petitioner's exhibits exhibit p1 true copy of the building permit no. a2-ba(21117)/2023 dated 18/01/2023 exhibit p2 true copy of the application dated respondent for issuance of transit passes exhibit p3 true copy of the demarcation certificate no. 446/23.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 2ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945 WP(C) NO. 23208 OF 2023 PETITIONER: ALAN BINO ABRAHAM,AGED 28 YEARS S/O BINO T. ABRAHAM, THALAMADOM, NAVAJYOTHI NAGAR, 35 A, KADAPPAKKADA P O, KOLLAM DISTRICT PIN 691008 REPRESENTED BY POWER OF ATTORNEY HOLDER K. VASUDEVAN PILLAI, AGED 68 YEARS, S/O KRISHNAPILLAI, SREEVALSAM, KALLELIBHAGOM P O, KARUNAGAPPALLY, KOLLAM DISTICT, PIN - 690519
BY ADV MANOJ P.KUNJACHAN RESPONDENTS: 1 GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY COLLECTORATE, KAKKANADU, ERNAKULAM DISTRICT, PIN - 2 MULANTHURUTHY GRAMA PANCHAYATH,REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE MULANTHURUTHY, ERNAKULAM DIST., PIN - 682314 3 SECRETARY,MULANTHURUTHY GRAMA PANCHAYATH, PANCHAYATH OFFICE MULANTHURUTHY, ERNAKULAM DIST, PIN - 682314 4 RETHI VIJAYAN,AGED 60 YEARS W/O VIJAYAN M K, PULLERKUNNET HOUSE, PERUMBILLY P O, MULANTHURUTHY, ERNAKULAM DIST, PIN - 682314
BY ADVS. Martin Jose P NIDHIN RAJ VETTIKKADAN P.PRIJITH(K/233/2005) THOMAS P.KURUVILLA(K/420-B/2005) AJAY BEN JOSE(K/729/2012) MANJUNATH MENON(K/000474/2015) SACHIN JACOB AMBAT(K/734/2016) R.GITHESH(K/630/2002) HARIKRISHNAN S.(K/497/2019) ANNA LINDA EDEN(K/1201/2020) SREEJA SAJEEV(K/002129/2019) M.B.SOORI(K/310/2015) W.P.(C).Nos.23208 & 20992 of 2023 2 OTHER PRESENT: SR.GP - JUSTIN JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2024, ALONG WITH WP(C).20992/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).Nos.23208 & 20992 of 2023 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 2ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945 WP(C) NO. 20992 OF 2023 PETITIONER: RETHI VIJAYAN AGED 60 YEARS W/O VIJAYAN M.K PULLERKUNNET HOUSE, PERUMBILLY P.O, MULANTHURUTHY, ERNAKULAM-, PIN - 682314
BY ADVS. M.B.SOORI NIDHIN RAJ VETTIKKADAN HARIPRIYA.M(K/1067/2023) BALAMURALI K.P.(K/000920/2018) RESPONDENTS: 1 DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM-, PIN - 682030 2 REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, MUVATUPUZHA, PIN - 3 THASILDAR KANNAYANNUR TALUK, KANAYANNUR, MARINE DRIVE KOCHI-, PIN - 682011 4 VILLAGE OFFICER OFFICE OF THE VILLAGE OFFICER, MULAMTHURUTHY-, PIN - 682314 5 SECRETARY MULANTHURUTHI GRAMA PANCHAYATH, MULANTHURUTHY-, PIN - 682314
6 DISTRICT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, CIVIL STATION, KAKKANAD, ERNAKULAM- 6, PIN - W.P.(C).Nos.23208 & 20992 of 2023 4 7 STATION HOUSE OFFICER MULANTHURUTHY POLICE STATION, MULANTHURUTHY-, PIN - 682314 8 ALAN BINO ABRAHAM AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THALAMADAM VEETIL, KADAPPAKADA, KOLLAM, PIN - 691008 BY ADVS. Martin Jose P Manoj P. KUNJACHAN P.PRIJITH(K/233/2005) THOMAS P.KURUVILLA(K/420-B/2005) R.GITHESH(K/630/2002) AJAY BEN JOSE(K/729/2012) MANJUNATH MENON(K/000474/2015) SACHIN JACOB AMBAT(K/734/2016) ANNA LINDA EDEN(K/1201/2020) HARIKRISHNAN S.(K/497/2019) S.SREEKUMAR (SR.)(S-571) SR. GP - JUSTIN JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2024, ALONG WITH WP(C).23208/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).Nos.23208 & 20992 of 2023 5 VIJU ABRAHAM,J ------------------- W.P.(C).Nos.23208 & 20992 of 2023 --------------------------------------- Dated this the 2nd day of February, 2024

JUDGMENT

WP(C) No.23208 of 2023 is filed challenging Ext.P5 stop memo alleging that the work has been carved out in violation of the permit condition. Petitioner submits that the stop memo has been issued at the instance of the 4th respondent.

2. WP(C) No.20992 of 2023 is filed by the 4th respondent in WP(C) No.23208 of 2023 seeking to implement Ext.P11 stop memo (Ext.P5 in WP(C) No.23208 of 2023).

3. When the matter was taken up for

consideration, the learned counsel appearing for the Panchayath, the 2nd respondent in WP(C)23208 of 2023 submits that the stop memo granted as per Ext.P5 has been withdrawn. Petitioner in WP(C) No.23208 of 2023 would submit that the permit granted as per Ext.P4 has expired during the currency of the period of stop memo. Thereupon the petitioner preferred Ext.P7 before the 1st W.P.(C).Nos.23208 & 20992 of 2023 6 respondent Geologist for renewal of transit passes for removal of ordinary earth.

4. After hearing the learned counsel appearing

for the petitioners and the learned Government Pleader and counsel appearing for the respondent Panchayath, I am inclined to dispose of the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P7 for re-issuance of transit passes, after affording an opportunity of being heard to the petitioner as well as the 4 th respondent in WP(C) No.23208 of 2023 and finalize the proceedings within an outer limit of one month from the date of receipt of a copy of this

judgment.

sd/- VIJU ABRAHAM, JUDGE pm W.P.(C).Nos.23208 & 20992 of 2023 7 APPENDIX OF WP(C) 20992/2023 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 15-05-2020 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT Exhibit P2 THE TRUE COPY OF THE PARTITION DEED NO. Exhibit P3 THE TRUE COPY OF THE PHOTOGRAPHS OF THE AREA OF EXCAVATION Exhibit P4 THE TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S HOUSE Exhibit P5 . THE TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 6TH RESPONDENT Exhibit P6 THE TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT AND ITS POSTAL RECEIPT Exhibit P7 THE TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 4TH RESPONDENT Exhibit P8 THE TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 5TH RESPONDENT Exhibit P9 THE TRUE COPY OF THE RECEIPT EVIDENCING SUBMISSION OF EXT P8 Exhibit P10 THE TRUE COPY OF THE LETTER NO. L5- THE 1ST RESPONDENT Exhibit P11 . THE TRUE COPY OF THE LETTER NO. S11/3030/2023 DATED 06-06-2023 ISSUED BY THE 5TH RESPONDENT RESPONDENT EXHIBITS Exhibit R8(a) True copy of the building permit No. A2-BA(21117)/2023 dated 18/01/2023 Exhibit R8(c) True copy of the demarcation W.P.(C).Nos.23208 & 20992 of 2023 8 certificate No. 446/23 dated 07/03/2023 issued by the 4th respondent Exhibit R8(d) True copy of the movement permit No. DOERN-DMG/598/2023-MDO dated 02/06/2023 Exhibit R8(b) True copy of the application dated respondent for issuance of transit passes Exhibit R8(e) True copy of the explanation/ reply to Ext P11 dated 07/06/2023 by the deponent W.P.(C).Nos.23208 & 20992 of 2023 9 APPENDIX OF WP(C) 23208/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE BUILDING PERMIT NO. A2-BA(21117)/2023 DATED 18/01/2023 Exhibit P2 TRUE COPY OF THE APPLICATION DATED RESPONDENT FOR ISSUANCE OF TRANSIT PASSES Exhibit P3 TRUE COPY OF THE DEMARCATION CERTIFICATE NO. 446/23 DATED 07/03/2023 Exhibit P4 TRUE COPY OF THE MOVEMENT PERMIT NO. DOERN-DMG/598/2023-MDO DATED 02/06/2023 Exhibit P5 TRUE COPY OF THE STOP MEMO NO. S11/3030/2023 DATED 06/06/2023 Exhibit P6 TRUE COPY OF THE EXPLANATION/ REPLY TO EXT P5 DATED 07/06/2023 BY THE PETITIONER Exhibit P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 07/07/2023 BEFORE THE 1ST RESPONDENT

Same Court & Year Kerala · 2024 Same Parties Alan Bino Abraham vs Geologist Same Judge Honourable Mr.Justice Viju Abraham