Remanded

Hassainar K.M v. State of Kerala

Kerala HC16 May 2017WP(C)/14402/2017

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking directions to the District Geologist to consider and dispose of his pending application for a transit pass. The court directed the competent authority to act expeditiously within two months under applicable statutes.

What did the court decide?

The petitioner directed the Geologist to consider and dispose of Ext.P5 application expeditiously within two months under the applicable statutes, rules, and regulations.

Hassainar K.M Vs State of Kerala — Writ and Judicial Review | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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TUESDAY, THE 16TH DAY OF MAY 2017/26TH VAISAKHA, 1939

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WP(C).No. 14402 of 2017 (A)

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PETITIONER(S):

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HASSAINAR K.M., S/O.MUHAMMED, AGED 64 YEARS, RESIDING AT HASBI, MEEMPARA, THOZHUVANOOR, VALANCHERY MUNICIPALITY, TIRUR TALUK, MALAPPURAM DISTRICT.

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BY ADV. SRI.NIRMAL V. NAIR

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RESPONDENT(S):

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1.STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES AND COMMERCE (ADMINISTRATIVE DEPARTMENT),

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SECRETARIAT, THRIUVANANTHAPURAM-695001.

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2.THE DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.

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3.THE DISTRICT GEOLOGIST, MINI CIVIL STATION, MANJERI P.O., MALAPPURAM-676121.

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4.THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT-676505.

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5.VALANCHERY MUNICIPALITY, MALAPPURAM DISTRICT-676552, REPRESENTED BY ITS SECRETARY.

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R1-R4 BY GOVERNMENT PLEADER SMT. VINEETHA B.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-05-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 14402 of 2017 (A)

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PETITIONER(S)'	APPENDIX EXHIBITS
--------------	---------
EXHIBIT P1	A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KATTIPARUTHY VILLAGE.
EXHIBIT P2	A TRUE COPY OF THE LOCATION, CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KATTIPARUTHY VILLAGE.
EXHIBIT P3	A TRUE COPY OF THE BUILDING PERMIT NO.A4-726/15 DATED 7-10-2015 ISSUED BY THE 5TH RESPONDENT ALONG WITH THE SITE PLAN.
EXHIBIT P4	TRUE COPY OF THE PHOTOGRAPH OF THE CONSTRUCTION WASTE PILED UP IN THE PETITIONER'S PROPERTY.
EXHIBIT P4(A)	TRUE COPY OF THE PHOTOGRAPH OF THE CONSTRUCTION WASTE PILED UP IN THE PETITIONER'S PROPERTY.
EXHIBIT P4(B)	TRUE COPY OF THE PHOTOGRAPH OF THE CONSTRUCTION WASTE PILED UP IN THE PETITIONER'S PROPERTY.
EXHIBIT P5	A TRUE COPY OF THE REPRESENTATION DATED 3-10- 2016 SUBMITTED BEFORE THE 3RD RESPONDENT.
EXHIBIT P6	A TRUE COPY OF THE LETTER NO.DOM/M-3135/2016 DATED 5-12-2016 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P7	A TRUE COPY OF LETTER NO.A4-10391/2016 DATED 7- 12-2016 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P8	A TRUE COPY OF THE INTERIM ORDER DATED 7-10- 2016 IN WPC 32621/2016 ON THE FILES OF THIS HONOURABLE COURT.
EXHIBIT P9	A TRUE COPY OF THE JUDGMENT DATED 29-4-2016 IN WPC 16683/2016 ON THE FILES OF THIS HONOURABLE COURT.
EXHIBIT P10	A TRUE COPY OF THE O(A) FORM DATED 9-5-2016 ISSUED BY THE 3RD RESPONDENT TO SRI.NAJMUDEEN.
EXHIBIT P11	A TRUE COPY OF THE APPLICATION ALONGWITH THE PROFORMA.
EXHIBIT P12	A TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT OF THE APPLICATION DATED 14.11.2016
RESPONDENT(S)' --------------	EXHIBITS --------- NIL

TRUE COPY

P.S. TO JUDGE

DEVAN RAMACHANDRAN, J.

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W.P.(C)No.14402 of 2017

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Dated this the 16^th day of May, 2017

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J U D G M E N T

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The petitioner asserts that he has intended to make a construction in his property and for such purpose he has applied for a transit pass for removing ordinary earth from the property to aid such construction. He says that he has made Ext.P5 application before the Geologist but alleges that the same has not been considered until now. He has therefore filed this writ petition seeking directions that Ext.P5 be considered and disposed of by the Geologist.

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I have heard the learned counsel for the petitioner

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and the learned Government Pleader appearing for the respondents.

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Since I see that Ext.P5 application has been validly

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filed by the petitioner before the Geologist and since I see that the Geologist is the competent authority under the applicable Statute to consider the same I deem it necessary that he be directed to consider and dispose it of.

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W.P.(C)No.14402/2017

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..2..

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In such circumstances, I direct the Geologist to take up Ext.P5 application, consider it and dispose it of in the expressed terms of the mandate contained in the applicable Statutes, Rules and Regulations and following the imperative provisions prescribed therein. This exercise shall be completed by the Geologist, as expeditiously as possible, but not later than two months from the date of receipt of a copy of this

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judgment.

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Sd/-

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DEVAN RAMACHANDRAN, JUDGE

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skj

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True copy

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P.A. to Judge

Hassainar K.M v. State of Kerala

Case brief

What is this about?

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Hassainar K.M v. State of Kerala

Case brief

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