The Court directed the third respondent to issue P forms to the petitioner for transporting earth from his property for construction of a residential flat, within ten days, without insisting for an NOC, based on the existing building permit.
Third respondent directed to issue P forms to petitioner within ten days without insisting for NOC.
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 P.R.RAMACHANDRA MENON
MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936
WP(C).No. 887 of 2015 (I)
PETITIONER :
T.A.KUNHIMON, AGED 69 YEARS,S/O.ABDU, PRESIDENT, KALLOR KARNAKKIL JUMA MASJID, KALLOOR PO, VADAKKEKAD, THRISSUR DISTRICT.
BY ADV. SRI.K.I.SAGEER
RESPONDENT(S):
1. THE TAHASILDAR, CHAVAKKAD TALUK,
2. THE VILLAGE OFFICER,
3. SENIOR GEOLOGIST,
4. SUB INSPECTOR OF POLICE,
R1 TO R4 BY SR GOVERNMENT PLEADER SRI.K.C.VINCENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 887 of 2015 (I)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 COPY OF THE BUILDING PERMIT NO.A4/205/14 DATED 27/12/2014 ISSUED BY THE VADAKKEKAD GRAMA PANCHAYATH EXHIBIT P2 COPY OF THE ORDER GO(MS)NO. 12/2014/EVNT.DATED 15/11/2014 EXHIBIT P3 COPY OF THE INTIMATION GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT DATED 03/01/2015
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
P.R. RAMACHANDRA MENON J.
JUDGMENT
The petitioner has approached this Court with the following
prayers :
“i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent No.1 and 4 not to obstruct removal of ordinary sand from the property for the purpose of construction of the residential flat as per Ext. P1
(ia) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to issue P form to the petitioner as per the Kerala Minor Mineral Concession Rules, 1967 so as to transport earth removed from 20 cents of property in Sy. No. 129/12 of Vadakkekad village expeditiously within the time limit fixed by this Hon'ble Court.
(added as per order order dated 25.05.2015 om I.A. 801 of 2015) .
ii. Issue such other relief as this Hon'ble Court may deem fit an proper in the circumstances of the case.
W.P.(C) No. 887 of 2015
: 2 :
W.P.(C) No. 887 of 2015
: 3 :
Petitioner shall produce a copy of this judgment along with copy of the writ petition before the third respondent for further steps.
The Writ Petition is disposed of.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE)
kmd
2 issues framed by the court
whether the third respondent can be directed to issue P forms for transporting earth for construction without insisting for NOC.
how to balance the petitioner's right to extract earth for construction against regulatory requirements for transport permissions.
1 provisions across 1 enactments
T.A. KUNHIMON
THE TAHASILDAR, CHAVAKKAD TALUK
THE VILLAGE OFFICER
SENIOR GEOLOGIST
SUB INSPECTOR OF POLICE
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
