Petitioner challenging delay in granting permission to transport earth. Court dismissed writ petition for failure to offer satisfactory explanation for earth storage and lack of transit pass verification.
Writ petition fails and is dismissed; petitioner not entitled to consideration of application.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940
WP(C).No. 4717 of 2019
PETITIONER/S:
P.A.SABU @ SUBUSUDHAN AGED 45 YEARS S/O. ARAVINDAKSHAN, PULLUTTIPARAMBIL HOUSE, MULANKUNATHUKAVU P.O, THRISSUR DISTRICT,680 581
BY ADVS. SRI.MAHESH V.MENON SRI.SREEKUMAR NAMBANATH
RESPONDENT/S:
THE SENIOR GEOLOGIST DISTRICT MINING AND GEOLOGY OFFICE, MINI CIVIL STATION, CHEMBUKAVU, THRISSUR DISTRICT-680 020
BY SRI MANU RAJ K.J, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who had participated in the auction conducted by the Wadakkancherry Municipality to remove the ordinary earth/red earth from the Puthankulam pond in Resurvey No.57/6 of Puthuruthi Village of Thalapilly Taluk has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondent, the Senior Geologist, Thrissur to grant him permission to transport the earth stored in the property of one Sri. George E. Davis comprised in Survey Nos.390/7 and 390/4 of the Kuttur Village; and a writ of mandamus commanding the respondent to consider Ext.P2 application seeking permission to transport earth from the aforesaid property.
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from the pond and unloaded in the premises of one George E. Davis in the property comprised in Survey No.390/7 and 390/4 of the Kuttur Village, Thrissur District. Now, for transporting earth from that premises, the petitioner made Ext.P2 application dated 20.12.2018 before the respondent, along with Ext.P3 consent dated 04.01.2019 issued by the aforesaid George. Exts.P4 and P4(a) are the possession certificate and the basic tax receipt of the property of the said George. Now, the grievance of the petitioner is that Ext.P2 application is still pending consideration before the respondent.
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to have been removed from Puthankulam Pond at a place 10 kms away from the pond. The petitioner has also not produced any transit pass issued by the respondent, for transportation of the earth removed from the pond, on the strength of Ext.P1 request, to the property of Sri. George E.Davis In the absence of any such materials, the petitioner is not entitled for consideration of Ext.P2 application by the respondent.
In the result, the writ petition fails and the same is accordingly dismissed.
Sd/-
ANIL K.NARENDRAN
JUDGE
DCS
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF LETTER ISSUED BY THE SECRETARY, WADAKKANCHERRY, MUNICIPALITY TO THE RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE APPLICATION MADE BEFORE THE RESPONDENT BY THE PETITIONER. EXHIBIT P3 A TRUE COPY OF CONSENT GIVEN BY THE SAID GEORGE E. DAVIS. EXHIBIT P4 TRUE COPY OF POSSESSION CERTIFICATE OF GEORGE E. DAVIS PROPERTY.
EXHIBIT P4 A TRUE COPY OF BASIC TAX RECEIPT OF GEORGE E. DAVIS PROPERTY.
2 issues framed by the court
Whether the petitioner is entitled to consideration of his application for permission to transport earth stored 10 kms away from the source pond without a transit pass.
Whether the explanation offered for stocking earth at a location distant from the authorized site is satisfactory.
P.A.Sabu @ Subusudhan
The Senior Geologist, District Mining and Geology Office, Thrissur
Anil K.Nandrean
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
