High Court of KeralaWP(C)/12137/2015disposed of

Paul K.D. v. The Geologist, Thrissur

2015-04-10Honourable Mr.Justice P.R.Ramachandra Menon3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12137 of 2015 (N) ---------------------------------------- PETITIONER(S):

---------------------- PAUL K.D., AGED 45 YEARS, S/O.DEVASSY, KAIPARAMBAN HOUSE, NETTISSERY POST, TRISSUR DISTRICT.

BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S):

------------------------- 1.

THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY, TRISSUR DISTRICT-680020. 2.

THE SECRETARY, PANACHERY GRAMA PANCHAYATH, PATTIKAD POST, TRISSUR DISTRICT-680652.

BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12137 of 2015 (N) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS ------------------------------------ P1:

COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONER BYT THE R2 FOR CONSTRUCTION OF A RESIDENTIAL BUILDING DT.17/12/14 P2:

COPY OF THE SANCTION FOR REMOVAL OF EARTH GRANTED BY THE R1 TO THE PETITIONER VIDE ORDER NO.403/14-15/3143/OE/C2/TDO/15 DATED 16/3/15 P3:

COPY OF THE REQUEST SUBMITTED TO THE R1 FOR EXTENSION OF TIME OF EXT.P2 SANCTION DT.1/4/15 RESPONDENTS' EXHIBITS -------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 12137 of 2015 -------------------------------------------- Dated this the 10th day of April, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"1. To issue a writ of mandamus or any other writ order or direction to the 1st respondent directing him to accept Ext.P3 application for extension of time mandated by exhibit P2 and allow the request if the same suffers no illegality.

2. To issue such other directions as this Honourable Court may deem fit to grant on the facts and circumstances of the case."

The learned counsel for the petitioner submits that Ext.P3 request for extension of time is not being accepted by the Geologist and that the prayer is only to cause the same to be acted upon by granting time.

2. Heard the learned Government Pleader as well.

3. After hearing both the sides, the writ petition is disposed of, directing the 1st respondent to accept, consider and pass appropriate orders on Ext.P3 in accordance with law, after giving an opportunity of hearing to the petitioner at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 1st respondent for further steps. Sd/- P.R. RAMACHANDRA MENON, JUDGE.

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