Shyla Beevi v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 39751 of 2015 (T) ---------------------------- PETITIONER :

----------------- SHYLA BEEVI, AGED 51 YEARS, D/O. SHAHUL HAMEED, RESIDING AT KUNNUPURATH VEEDU, VAYAKKAL.P.O., VALAKOM, KOLLAM DISTRICT.

BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE DISTRICT COLLECTOR,KOLLAM-691013.

3. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, KOLLAM-691001.

4. THE TAHSILDAR, KOTTARAKKARA, KOLLAM DISTRICT-691506.

5. THE VILLAGE OFFICER, VALAKOM, KOLLAM DISTRICT-691532.

R1 TO R5 BY GOVERNMENT PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 39751 of 2015 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE BUILDING PERMIT NO. 5564/14 DATED 18-11-2004 ISSUED BY UMMANNOOR GRAMA PANCHAYATH.

EXT.P2:

TRUE COPY OF THE JUDGMENT DATED 6-3-2015 PASSED BY THIS HON'BLE COURT IN WPC NO. 7082/2015.

EXT.P3:

TRUE COPY OF THE ORDER DATED 27-4-2015 ISSUED BY THE 3RD RESPONDENT.

EXT.P4:

TRUE COPY OF THE ORDER DATED 29-5-2015 ISSUED BY THE 3RD RESPONDENT.

EXT.P5:

TRUE COPY OF THE JUDGMENT DATED 10-09-2015 OF THIS HON'BLE COURT IN WPC NO. 26711/2010.

EXT.P6:

TRUE COPY OF THE ORDER DATED 30-11-2015 ISSUED BY THE 3RD RESPONDENT.

EXT.P7:

TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER SHOWING THE EARTH NOW COLLECTED IN THE PROPERTY OF THE PETITIONER.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.S. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.39751/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd Day of December, 2015

J U D G M E N T

The petitioner points out that she could not remove and transport the entire permitted quantity within the time granted in Ext.P6.

2.

In the facts and circumstances, the Geologist is directed to renew the permit for a further period of three weeks. However, before issuing permit, the Geologist shall ascertain the quantity to be removed from the site. The time schedule for transport will be 09.00 a.m. to 06.00 p.m.

The writ petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms