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High Court of KeralaWP(C)/13881/2015disposed of

Ali v. The District Geologist, Thrissur

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. 13881 of 2015 (I) ---------------------------- PETITIONER(S):

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1. ALI, S/O.HASSAN,AGED 48 YEARS, MEPPATTUPEEDIKAYIL, PAZHUNNANA P.O., CHEMMANTHATTA, THALAPPILLY TALUK, THRISSUR DISTRICT.

2. RAFEEKA, W/O.ALI, AGED 40 YEARS, MEPPATTUPEEDIKAYIL, PAZHUNNANA P.O., CHEMMANTHATTA, THALAPPILLY 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, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER SRI.P.FAZIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 13881 of 2015 (I) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE BUILDING PERMIT DATED 10.3.2015 ISSUED BY THE SECRETARY, CHOWANNUR GRAMA PANCHAYATH.

P2TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 1.4.2015.

P3TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 05.03.2015 IN W.P[C].NO.7055 OF 2015.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.13881 of 2015 ============================ Dated this the 08th day of May, 2015

JUDGMENT

Petitioners are the holders of Ext.P1 building permit for constructing a residential building. On the strength of Ext.P1 building permit, petitioners want to extract ordinary earth from the site covered by Ext.P1 permit. Petitioners rely on Ext.P3 judgment of this Court.

2.

In the light of Ext.P3 judgment, petitioners application for P-form for transporting sand shall be considered if the same is pending. Needful shall be done in the light of the direction in Ext.P3 judgment within a period of two weeks from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/11/05/15