Petitioner sought mandamus for earth removal permission. Court noted no formal application was made by petitioner. Petition disposed permitting her to file application with required documents.
Petitioner permitted to make necessary application to the 2nd respondent for removal of earth, to be decided expeditiously.
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 N.NAGARESH
THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941
WP(C).No.40073 OF 2018(H)
PETITIONER:
UBAIDATH BEEVI AGED 62 YEARS W/O. ELIYAS, PARIS MANZIL, KAVALAYOOR P.O., KOLLAM DISTRICT.
BY ADVS. SRI.C.RAJENDRAN SRI.B.K.GOPALAKRISHNAN
RESPONDENTS:
1 MANAMBOOR GRAMA PANCHAYATH KAVALAYOOR P.O., KOLLAM - 695 144 REPRESENTED BY ITS SECRETARY.
2 GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THIRUVANANTHAPURAM - 691 001.
R1 BY ADV. SRI.M.DINESH R2 BY SRI.RENIL ANTO KANDAMKULATHY, SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ADDRESS OF 1ST RESPONDENT IS CORRECTED AS “MANAMBOOR GRAMA PANCHAYATH, KAVALAYOOR P.O., THIRUVANANTHAPURAM-695 144, REPRESENTED BY ITS SECRETARY” AS PER ORDER DATED 04.02.2020 IN I.A. NO.1/2019 IN WPC NO.40073/2018.
SD/ASSISTANT REGISTRAR
WP(C) No.40073 OF 2018(H)
2
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 10th day of October, 2019
In this writ petition, the petitioner seeks to issue a writ of Mandamus directing the 2nd respondent - Geologist to inspect her property, fix the area from where the earth is to be removed, fix the royalty for the earth to be removed and issue transit passes for the transportation of earth on remittance of the royalty by the petitioner.
WP(C) No.40073 OF 2018(H)
3
construction of the building is 3303 M3 . The Panchayat issued Ext.P2 certificate to that effect. In spite of Exts.P1 and P2, the Geologist is not permitting the petitioner to remove the earth, contends the petitioner.
WP(C) No.40073 OF 2018(H)
4
for removal of land.
In view of the said facts, as long as the petitioner has not produced the copies of any formal application made by her to the Geologist, no writ of Mandamus can be issued in favour of the petitioner, as prayed for. However, taking into account the facts and circumstances of the case, this writ petition is disposed of permitting the petitioner to make necessary application for removal of earth from her land before the 2nd respondent supported by all necessary certificates, licences and prescribed fee, if any. If the petitioner makes such application, the 2nd respondent shall consider the application and documents produced by her and issue necessary permit/transit passes, if the petitioner is found eligible. The decision in this regard shall be taken by the 2nd respondent, expeditiously.
Sd/- N. NAGARESH, JUDGE
aks/15.10.2019
WP(C) No.40073 OF 2018(H)
5
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE PHOTOCOPY | OF THE CERTIFICATE |
|---|---|---|
| DATED 03.02.2018 RESPONDENT. |
ISSUED BY THE 1ST | |
| EXHIBIT P2 | A TRUE PHOTOCOPY | OF THE CERTIFICATE |
| DATED 25.10.2018 RESPONDENT. |
ISSUED BY THE 1ST | |
| EXHIBIT P3 | A TRUE PHOTOCOPY 25.1.2018 ISSUED B |
OF THE LETTER DATED Y THE 1ST RESPONDENT. |
RESPONDENT'S EXTS:
| EXHIBIT R1(A) | TRUE COPY OF 14.03.2018 IS PANCHAYAT. |
THE SUED |
BUILDING PERMIT DATED FROM MANAMBOOR GRAMA |
|---|---|---|---|
| EXHIBIT R1(B) | TRUE COPY OF T | HE D | EVELOPMENT PLAN |
| EXHIBIT R1(C) | TRUE COPY OF 2ND RESPONDEN 24.9.2018 |
THE T TO |
LETTER ISSUED BY THE THE PETITIONER DATED |
| EXHIBIT R1(D) | TRUE COPY OF PETITIONER TO 29.09.2018. |
THE THE |
REQUEST MADE BY THE 1ST RESPONDENT DATED |
| EXHIBIT R1(E) | TRUE COPY OF THE OVERSEER 23.10.2018. |
THE OF |
REPORT SUBMITTED BY THE PANCHAYAT DATED |
1 issue framed by the court
Whether a writ of mandamus can be issued directing the geologist to issue transit passes absent a formal application for removal of earth.
UBAIDATH BEEVI
MANAMBOOR GRAMA PANCHAYATH
GEOLOGIST
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
