High Court of KeralaWP(C)/36264/2015disposed of

Dathan v. The District Geologist

2015-12-01Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 WP(C).No. 36264 of 2015 (G) ---------------------------- PETITIONER :

---------------------- DATHAN S/O.DAMODHARAN, AGED 56 YEARS D.S.BHAVAN, S.N.PRATHANA SAMITHI NEDUVATHOOR P.O., KOTTARAKKARA, KOLLAM DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S) :

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

1. THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, KOLLAM DISTRICT -691 505.

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. R1 TO R3 BY GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 36264 of 2015 (G) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P1.

TRUE COPY OF THE PERMIT DATED 10/6/2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXT.P2.

TRUE COPY OF THE APPLICATION DATED 2/11/2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.36264/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st Day of December, 2015

J U D G M E N T

The petitioner was granted Exhibit P1 movement permit to transport ordinary earth from the site covered by the permit. The period of permit is over. The petitioner has already approached the Geologist with Exhibit P2 to remove the balance earth. The petitioner seeks for a direction to the Geologist not to restrict the number of vehicles to be plied. 2.

Considering the facts and circumstances, the Geologist shall verify the quantity to be removed from the site after taking note of the quantity already removed. Based on the orders, necessary permit shall be issued. Number of vehicles shall not be restricted. Needful shall be done within two weeks.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms