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High Court of KeralaWP(C)/13737/2015disposed of

Jose v. The District Geologist, Ernakulam

2015-05-08Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 8TH DAY OF MAY 2015/18TH VAISAKHA, 1937 WP(C).No. 13737 of 2015 (N) ---------------------------------------- PETITIONER:

------------------ JOSE, AGED 40 YEARS, S/O.PAULOSE, PADAYATTIL , PUTHENVELIKKARA P O PUTHENVELIKKARA VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENTS:

-----------------------

1. THE DISTRICT GEOLOGIST, ERNAKULAM, DEPARTMENT OF MINING AND GEOLOGY, ERNAKULAM DISTRICT, PIN 682030.

2. THE DIRECTOR, MINING AND GEOLOGY OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM PATTAM, THIRUVANANTHAPURAM 695001.

3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001. BY GOVERNMENT PLEADER SRI.FAZIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 13737 of 2015 (N) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE BUILDING PERMIT 18/4/2015 ISSUED BY THE SECRETARY, AYYAMPUZHA GRAMA PANCHAYATH P2:- TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DTD 20/4/2015 P3:- TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DTD 9/4/2015 IN WPC NO.11995/2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.13737 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of May, 2015

JUDGMENT

Petitioner in this writ petition prays for a direction to the first respondent to issue sufficient O(A) forms to the petitioner for transporting the earth on the basis of Ext.P1, building permit after conducting a site inspection and after receipt of the royalty fixed by the first respondent.

2. Heard learned counsel for the parties and perused the materials available on record.

3. Considering the facts and circumstances of the case, there shall be a direction to the first respondent to consider the request of the petitioner after verifying the genuineness of Ext.P1 issued by the Panchayat and issue necessary O(A) form within a period of ten days from the date of receipt of a copy of this judgment. The Geologist shall not insist the number of the vehicle to be engaged for the purpose of removal of earth. However, the petitioner is at liberty to choose the vehicle for the purpose of removal of earth. Before issuance of the O(A) form, the Geologist shall consider the quantity of the earth to be removed from the site. The writ petition is disposed of.

A.MUHAMED MUSTAQUE JUDGE jes