Shereena vs the District Geologist

Shereena vs The District Geologist

Type Court Judgment Court Kerala Decided Feb 28, 2023

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https://sooperkanoon.com/case/1342323

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Citation: sooperkanoon.com/1342323
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Feb 28, 2023
Case Number: WP(C)/6757/2023

Parties & Advocates

Appellant / Petitioner

Shereena

Respondent

The District Geologist

Excerpt

.....to the 1 st respondent to consider ext.p3 application for transit passes for removal of ordinary earth from the property of the petitioner. the petitioner submits that building permit, as required, has 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 1st respondent to take up ext.p3 application submitted by the petitioner and to consider and pass orders on the same after verifying the building permit, the extent of earth cutting and the quantity of earth required to be removed as specified therein and after conducting due site inspections. appropriate orders shall be passed within a period of six weeks from the date of receipt of a copy of this judgment. this writ petition is ordered accordingly. sd/- anu sivaraman judge np appendix of wp(c) 6757/2023 petitioner’s exhibits exhibit p1 true copy of the possession certificate dated 11.01.2023 issued by the village officer, kurampala village to the petitioner exhibit p2 true copy of the relevant pages of building permit dated 9.1.2023 issued by the secretary, pandalam municipality i exhibit p3 true copy of the application dated 9.1.2023 submitted by the petitioner before the first respondent exhibit p4 true copy of the receipt dated 12.01.2023 issued from the office of the first respondent to the e-mail of the petitioner exhibit p5 true copy of the judgment of this honorable court dated 08/03/2022 wpc no 7437 of 2022 respondents’ exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 WP(C) NO. 6757 OF 2023 PETITIONER: SHEREENA AGED 33 YEARS WIFE OF IBRAHIMKUTTY, METHAR HOUSE, PANDALAM P.O., KADAYKKAD, PATHANAMTHITTA DISTRICT, PIN - 689501 BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS:
1 THE DISTRICT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, ADOOR P.O, PATHANAMTHITTA, PIN - 691523 2 THE DIRECTOR MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM, PIN-695001 3 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 SRI.APPU.P.S, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 28th day of February, 2023 This writ petition is filed seeking directions to the 1 st respondent to consider Ext.P3 application for transit passes for removal of ordinary earth from the property of the petitioner. The petitioner submits that building permit, as required, has 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 1st respondent to take up Ext.P3 application submitted by the petitioner and to consider and pass orders on the same after verifying the building permit, the extent of earth cutting and the quantity of earth required to be removed as specified therein and after conducting due site inspections. Appropriate orders shall be passed within a period of six weeks from the date of receipt of a copy of this judgment. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 6757/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 11.01.2023 ISSUED BY THE VILLAGE OFFICER, KURAMPALA VILLAGE TO THE PETITIONER Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF BUILDING PERMIT DATED 9.1.2023 ISSUED BY THE SECRETARY, PANDALAM MUNICIPALITY I Exhibit P3 TRUE COPY OF THE APPLICATION DATED 9.1.2023 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT DATED 12.01.2023 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT TO THE E-MAIL OF THE PETITIONER Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT DATED 08/03/2022 WPC NO 7437 OF 2022 RESPONDENTS’ EXHIBITS: NIL

Same Court & Year Kerala · 2023 Same Parties Shereena vs The District Geologist Same Judge Honourable Mrs. Justice Anu Sivaraman