Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945 WP(C) NO. 22335 OF 2023 PETITIONERS: 1 JOHN MATHAI AGED 68 YEARS, S/O. MATHAI YOHANNAN, VALIYATHAZHAYIL HOUSE, ELANTHOOR EAST P.O, VARIAPURAM ELANTHOOR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT., PIN 689643 2 LIZY JOHN MATHAI AGED 65 YEARS, W/O. JOHN MATHAI, VALIYATHAZHAYIL HOUSE, ELANTHOOR EAST P.O, VARIAPURAM ELANTHOOR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT., PIN 689643 BY ADVS. AJITH MURALI MOHANAN M.K.
RESPONDENTS: 1 STATE OF KERALA REPRSENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANATHAPURAM., PIN - 695001 2 THE DISTRICT COLLECTOR PATHANAMTHITTA DISTRICT., PIN - 689645 3 THE REVENUE DIVISIONAL OFFICER KOZHENCHERRY, PATHANAMTHITTA DISTRICT., PIN - 689645 4 THE TAHASILDAR KOZHENCHERRY TALUK , TALUK OFFICE, MINI CIVIL STATION, PATHANAMTHITTA , PATHANAMTHITTA DISTRICT., PIN - 689645 5 THE VILLAGE OFFICER ELANTHOOR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT., PIN - 689513 6 ELANTHOOR GRAMA PANCHAYATH ELANTHOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ELANTHOOR WEST P.O., KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT., PIN - 689513 7 THE SENIOR GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY OFFICE, ADOOR , PATHANAMTHITTA DISTRICT., PIN - 689645 BY ADV SMT.DEEPA N - SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 31st day of July, 2023 The petitioners have approached this Court to command the 7th respondent to consider Ext.P9 request to remove the extracted rock from 1.80 Ares of property in Re-Survey No.281/6 of Elanthoor Village, Kozhencherry Taluk of Pathanamthitta District, for construction of residential building.
2. The petitioners state that they have removed
certain rocks from the plot to facilate the building construction. These rocks will have to be removed from the land and transported out to carry out constructions. The petitioners have submitted Ext.P9 application to the Geologist, Adoor seeking issuance of Mineral Transit Passes for this purpose.
3. Taking into consideration the fact that the
petitioners have submitted Ext.P9 application to the Geologist and it has statutory support, I am of the view that the Geologist shall consider Ext.P9 and take a decision thereon within a period of two weeks. The writ petition is accordingly disposed of directing the 7th respondent-Geologist to consider Ext.P9 application and pass appropriate orders thereon in accordance with law, within a peiod of two weeks. Sd/- N.NAGARESH JUDGE ded APPENDIX OF WP(C) 22335/2023 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT
NO.E3-1048/2017 DATED 14.03.2017 ISSUED BY THE 6TH RESPONDENT SECRETARY OF ELANTHOOR GRAMA PANCHYATH.
EXHIBIT P2 A TRUE COPY OF THE DEVELOPMENTAL PERMIT NO.E3-3685/2017 DATED 24.07.2017 ISSUED BY THE 6TH RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE REPORT NO.767/DOPTA/M/2017 DATED 18.4.2022 PREPARED BY THE 7TH RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P4 A TRUE COPY THE JUDGMENT IN W.P. (C)NO.25926/2022 OF THIS HONORABLE COURT DATED 12.12.2022. EXHIBIT P5 A TRUE COPY OF THE ORDER NO.B3- RESPONDENT DATED 14.02.2023. EXHIBIT P6 A TRUE COPY THE JUDGMENT IN W.P. (C)NO.11030/2023 OF THIS HONORABLE COURT DATED 11.04.2023. EXHIBIT P7 A TRUE COPY OF THE ORDER NO.B3- RESPONDENT DATED 10.05.2023. EXHIBIT P8 A TRUE COPY OF THE ORDER NO.B3- RESPONDENT DATED 14.06.2023. EXHIBIT P9 A TRUE COPY OF THE REQUEST DATED 22.06.2023 SUBMITTED BY THE PETITIONER BEFORE 7TH RESPONDENT.