Abraham vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2023

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https://sooperkanoon.com/case/1342441

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Citation: sooperkanoon.com/1342441
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Feb 28, 2023
Case Number: WP(C)/6819/2023

Parties & Advocates

Appellant / Petitioner

Abraham

Respondent

State of Kerala

Excerpt

.....admission on28.02.2023, the court on the same day delivered the following:judgmentdated this the 28th day of february, 2023 this writ petition is filed seeking directions to the 3rd respondent to consider ext.p3 application made 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 3rd respondent to take up ext.p3 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 two months 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) 6819/2023 petitioner’s exhibits exhibit p1 true copy of the possession certificate dated 14.2.2023 issued by village officer, ezhamkulam exhibit p2 true copy of the permit dated 15.02.2023 issued by the panchayath along with approved plan exhibit p3 true copy of the application dated 15.02.2023 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 PETITIONER: ABRAHAM AGED 62 YEARS NEDIYAKALAYIL VADAKKETHIL HOUSE, NEDUMON P.O ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691556 BY ADV UNNI. K.K. (EZHUMATTOOR) RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DISTRICT COLLECTOR PATHANAMTHITTA., PIN - 689501 3 THE SENIOR GEOLOGIST MINING AND GEOLOGY KIP CAMPUS, ADOOR, PIN - 691523 4 EZHAMKULAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, EZHAMKULAM GRAMA PANCHAYATH, PARAKODE P.O, PATHANAMTHITTA 691554, PIN - 691554 SRI.APPU.P.S-GP SRI.K.SHAJ, SC 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 3rd respondent to consider Ext.P3 application made 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 3rd respondent to take up Ext.P3 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 two months 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) 6819/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14.2.2023 ISSUED BY VILLAGE OFFICER, EZHAMKULAM Exhibit P2 TRUE COPY OF THE PERMIT DATED 15.02.2023 ISSUED BY THE PANCHAYATH ALONG WITH APPROVED PLAN Exhibit P3 TRUE COPY OF THE APPLICATION DATED 15.02.2023 RESPONDENTS’ EXHIBITS: NIL

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