High Court of KeralaWP(C)/13748/2015disposed of

Sabeena v. The District Geologist

2015-05-08Honourable Mr. Justice A.Muhamed Mustaque4 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. 13748 of 2015 (P) ---------------------------------------- PETITIONER(S):

----------------------- SHABEENA, AGED 32 YEARS, W/O.ABDUL RASACK, MAMMASRAYILLATH, KOTTALA P.O., PANANCHERY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

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1. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR DISTRICT-680 001.

2. THE DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695 001.

3. THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER SMT.ROSE MICHAEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 13748 of 2015 (P) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 : TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 11-3-2015 ISSUED BY THE SECRETARY, PANANCHERY GRAMA PANCHAYATH. EXT P2 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 1-4-2015.

EXT P3 : TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 5-3-2015 IN WPC.NO.7055 OF 2015.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.13748 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, no objection certificate 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

W.P.(C)No.13748 OF 2015 : 2 :

issuance of the bill 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