Mathai K P v. State of Kerala
Case brief
What is this about?
The High Court closed a writ petition. The Court held that since the petitioners had not obtained a building permit when filing their application for soil removal, the writ could not be directed. Upon obtaining a permit, the petitioner must apply under the new 2015 Rules.
What did the court decide?
Petition closed; petitioner to approach appropriate authority under Rules of 2015.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937
W.P.(C).No.266 of 2015 (G)
PETITIONER(S):-
- MATHAI K P., AGED 49 YEARS, S/O.LATE PAILY, RESIDING AT KUPPAKKATTU HOUSE, PANKODU KARA, PANKODU P.O, PIN-682 310.
- VIJI MATHAI, W/O.MATHAI, AGED 38 YEARS, RESIDING AT KUPPAKKATTU HOUSE, PANKODU KARA, PANKODU P.O, PIN-682 310.
BY ADV. SRI.N.M.VARGHESE.
RESPONDENT(S):-
- STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE (R) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
- THE SUB COLLECTOR, MUVATTUPUZHA, ERNAKULAM DISTRICT - 686 661.
Issues for consideration
2 issues framed by the court
Whether the writ petition seeking direction to pass orders on an application for soil removal can be maintained in the absence of a building permit at the time of filing.
Whether the petitioner must approach the appropriate authority under the Kerala Minor Mineral Concession Rules, 2015 after obtaining a building permit.
Parties & counsel
- petitioner
MATHAI K P.
- petitioner
VIJI MATHAI
- respondent
STATE OF KERALA
- respondent
THE SUB COLLECTOR, MUVATTUPUZHA
- respondent
THE TAHSILDAR, KUNNATHUNAD TALUK
- respondent
Case details
As recorded by the court registry
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