Velappanachari vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2023

~2 min read

https://sooperkanoon.com/case/1334991

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1334991
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Jan 31, 2023
Case Number: WP(C)/2971/2023

Parties & Advocates

Appellant / Petitioner

Velappanachari

Respondent

State of Kerala

Excerpt

.....the application submitted by the petitioner as evidenced by ext.p4 receipt made for transit passes for removal of ordinary earth from the property of the petitioner. the petitioner submits that building permit and building plan, as required, have been obtained and that the application is, therefore, liable to be considered in accordance with law.2. having heard the learned government pleader also, there will be adirection to the 2nd respondent to take up ext.p4 application submitted by the petitioner and to consider and pass orders on the same after considering all relevant aspects of the matter and after conducting due site inspections and after perusing the relevant documents to be produced by the petitioner. appropriate orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. this writ petition is ordered accordingly. sd/- anu sivaraman judge ska wp(c) no. 2971 of 2023 3 appendix of wp(c) 2971/2023 petitioner exhibits exhibit p1 the true copy of the revenue tax remitted by the petitioner on 21.04.2022 before the village office east kallada exhibit p2 the true copy of the building permit dated 25.1.2022 issued by the east kallada grama panchayat exhibit p3 the true copy of the development permit no. k2/ba/(29964)/2022 issued by the kizhakke kallada grama panchayath on 25.11.2022 exhibit p4 the true copy of the receipt dated 21.4.2022 issued by the second respondent in respect of the application submitted for issuance transit pass

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 WP(C) NO. 2971 OF 2023 PETITIONER: VELAPPANACHARI AGED 72 YEARS CHARUVILAPUTHEN VEEDU, THEKKEMURI, KIZHAKKEKALLADA VILLAGE, KIZHAKKEKALLADA P.O, PIN - 691502 BY ADVS. ALEXANDER GEORGE SOUMYA FRANCIS T.P.AISWARYA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM., PIN - 695001 2 THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, KESAVANIKETHAN, ASRAMAM, KOLLAM, PIN - 691002
BY ADV GOVERNMENT PLEADER SRI.JOSHY THANNIKKAMATTAM -GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2971 OF 2023 2

JUDGMENT

Dated this the 31st day of January, 2023 This writ petition is filed seeking directions to the 2 nd respondent to consider the application submitted by the petitioner as evidenced by Ext.P4 receipt made for transit passes for removal of ordinary earth from the property of the petitioner. The petitioner submits that building permit and building plan, as required, have been obtained and that the application is, therefore, liable to be considered in accordance with law.

2. Having heard the learned Government Pleader also, there will be a

direction to the 2nd respondent to take up Ext.P4 application submitted by the petitioner and to consider and pass orders on the same after considering all relevant aspects of the matter and after conducting due site inspections and after perusing the relevant documents to be produced by the petitioner. Appropriate orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE ska WP(C) NO. 2971 OF 2023 3 APPENDIX OF WP(C) 2971/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE REVENUE TAX REMITTED BY THE PETITIONER ON 21.04.2022 BEFORE THE VILLAGE OFFICE EAST KALLADA Exhibit P2 THE TRUE COPY OF THE BUILDING PERMIT DATED 25.1.2022 ISSUED BY THE EAST KALLADA GRAMA PANCHAYAT Exhibit P3 THE TRUE COPY OF THE DEVELOPMENT PERMIT NO. K2/BA/(29964)/2022 ISSUED BY THE KIZHAKKE KALLADA GRAMA PANCHAYATH ON 25.11.2022 Exhibit P4 THE TRUE COPY OF THE RECEIPT DATED 21.4.2022 ISSUED BY THE SECOND RESPONDENT IN RESPECT OF THE APPLICATION SUBMITTED FOR ISSUANCE TRANSIT PASS

Same Court & Year Kerala · 2023 Same Parties Velappanachari vs State of Kerala Same Judge Honourable Mrs. Justice Anu Sivaraman