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High Court of KeralaWP(C)/37292/2015disposed of

P K Mathai v. The Tahsildar,Taluk Office,Kozhencherry Pin 689 641

2015-12-09Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937 WP(C).No. 37292 of 2015 (J) ---------------------------- PETITIONER:

------------------------ P.K MATHAI, AGED 79 YEARS,S/O.KOSHY, POWATHU PUTHEN VEEDU, MANJINIKKARA, OMALLOOR, ALAPPUZHA.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS:

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

1. THE TAHSILDAR, TALUK OFFICE, KOZHENCHERRY, PIN -689 641

2. THE VILLAGE OFFICER, VILLAGE OFFICE, OMALLOOR, PATHANAMTHITTA -689 645 *ADDL.R3 IMPLEADED *ADDL.R3: THE GEOLOGIST, PATHANAMTHITTA.

*IS SUO MOTU IMPLEADED AS PER ORDER DATED 9/12/2015. BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 37292 of 2015 (J) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- COPY OF THE BUILDING PERMIT P2:- COPY OF THE PERMIT ISSUED BY THE GEOLOGIST P3:- COPY OF THE JUDGMENT IN POLICE PROTECTION P4:- COPY OF EXTENDED PERMIT ISSUED BY THE GEOLOGIST P5:- COPY OF THE STOP MEMO BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.37292 of 2015 ****************************************************************************** Dated this the 9th day of December, 2015

JUDGMENT

The petitioner, based on Ext.P1 building permit was permitted to remove the ordinary earth. The validity of the permit was expired on 5.12.2015. The petitioner submits that he could not remove the entire quantity from the site. The petitioner submits that in the meanwhile, the Village Officer issued a stop memo and in the light of the stop memo, the Geologist refused to renew the permit.

2.

The stop memo is produced as Ext.P5. It is stated therein that the petitioner violated the conditions in the permit. This Court is of the view that if there is any violation of the conditions, the Village Officer ought to have brought to the notice of the Geologist. The Village Officer cannot take any action if there is any violation of permit. Accordingly, Ext.P5 is set aside. There

W.P.(C) No.37292 of 2015 2 shall be a direction to the Geologist to consider the application for renewal after adverting to any violation committed by the petitioner. If sufficient quantity has not been removed based on the building permit, necessarily, the permit shall be renewed and necessary O(A) forms shall be issued to the petitioner. However, if it is found that the petitioner has violated any terms and conditions in the permit, it is for the Geologist to take appropriate action. Needful shall be done within two weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln