Petitioner sought a transit pass for removing earth to build a structure. The Geologist rejected the application for 5319M3 partly. Court held no adjudication needed as proceedings were pending.
Directed the 2nd respondent to consider the application for Transit Permit within six weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 1ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944
WP(C) NO. 21835 OF 2022
PETITIONER:
SIVARAMA PILLAI, AGED 66 YEARS, S/O. GOPALAKRISHNA PILLAI, THATTAYIKKATTU MALAYIL VEEDU, WEST OTHARA. P.O., PIN - 689 101, PATHANAMTHITTA DISTRICT.
BY ADVS. M.NARENDRA KUMAR HARSHADEV M.
RESPONDENTS:
1 KUTTOOR GRAMA PANCHAYAT, KUTTOOR P.O., PATHANAMTHITTA DISTRICT, PIN-689 102, REP. BY ITS SECRETARY.
2 GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, PATHANAMTHITTA DISTRICT, PIN - 689 645.
BY ADV SHRI.MANOJ RAMASWAMY, SC, KUTTOOR GRAMA PANCHAYAT
SMT.SURYA BINOY, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No.21835/2022
JUDGMENT
Dated this the 1st day of August, 2022
The petitioner, who is owner of 39.07 Ares of property in Kuttoor Village of Pathanamthitta District, has approached this Court seeking to command the 2nd respondent to issue a Transit Pass for removal of 5319.19M3 of earth as per Exts.P1 to P3 from 13.17 Ares of property comprised in Survey Nos.421/6 and 419/8-1 of Kuttoor Village in Pathanamthitta District.
WP(C) No.21835/2022
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submitted that the endorsement and notice contained in Ext.P5 are one made in the File Adalat. The proceedings are not concluded. The Geologist will be considering the application submitted by the petitioner independently, without regard to any observations or endorsements made in the File Adalat.
In view of the above, this Court is of the view that no adjudication is warranted at this stage of proceedings. The writ petition is disposed of directing the 2nd respondent to consider the application for Transit Permit submitted by the petitioner in accordance with law and pass orders thereon within a period of six weeks.
Sd/- N. NAGARESH JUDGE
SR
WP(C) No.21835/2022
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APPENDIX OF WP(C) 21835/2022
PETITIONER'S EXHIBITS:
| Exhibit P1 | TRUE | COPY | OF THE BASIC | TAX | RECEIPT |
|---|---|---|---|---|---|
| DATED VILLA |
02.0 GE OF |
8.2021 ISSUED BY FICER. |
THE | KUTTOOR | |
| Exhibit P2 | TRUE | COPY | OF THE BUILDING | PER | MIT NO. |
| A2-BA GRANT |
(2207 ED BY |
4) 2022 DATED THE FIRST RESPON |
18. DENT. |
01.2022 |
|
| Exhibit P3 | TRUE | COPY | OF THE BUI | LDIN | G PLAN |
| APPRO PANCH |
VED AYAT. |
BY THE FIRST | RES | PONDENT | |
| Exhibit P4 | TRUE NO. 21.12 |
COPY A2- .2022 |
OF THE DEVELOP BA(324789) 20 OBTAINED BY THE |
MENT 21 PETIT |
PERMIT DATED IONER. |
| Exhibit P5 | TRUE | COP | Y OF THE O | RDER | DATED |
| 15.02 | .2022 | ISSUED BY |
TH | E 2ND |
|
| RESPO EARTH |
NDENT AT 1 |
LIMITING THE 400 M³ INSTEAD OF |
REMO 5319 |
VAL OF .19M³. |
SR
1 issue framed by the court
Whether the petitioner is entitled to a transit pass for earth removal to construct a building.
1 provisions across 1 enactments
Sivarama Pillai
Kuttoor Grama Panchayat
Geologist
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
