Disposed

Radhakrishna Kurup v. Senior Geologist

Kerala HC1 Apr 2022WP(C)/3080/2022

Case brief

AI extract

What is this about?

The Court disposed of two writ petition together as the grievances pertained to the issuance of transit passes. The Court directed the petitioners to submit proper applications in the prescribed form to the 1st Respondent with required documents. The 1st Respondent was instructed to consider the application and pass necessary orders within two weeks of receiving a complete file.

What did the court decide?

The petitioners were directed to submit proper applications in the prescribed form along with required documents to the 1st Respondent, who must then pass necessary orders within two weeks.

Radhakrishna Kurup Vs Senior Geologist — Property and Title | Kerala HC (2022)

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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 T.R.RAVI

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FRIDAY, THE 1^ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 WP(C) NO. 3080 OF 2022

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PETITIONER:

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RADHAKRISHNA KURUP PV AGED 67 YEARS S/O. VASUDEVA PANICKER, ANOOP BHAVAN, KARAKKAD, MULAKKUZHA P.O, CHENGANNUR TALUK, ALAPPUZHA DISTRICT 689 504

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BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA V.R.SANJEEV KUMAR

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RESPONDENTS:

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1 SENIOR GEOLOGIST MINING AND GEOLOGY DEPARTMENT, ALAPPUZHA DISTRICT OFFICE, CHERTHALA, ALAPPUZHA DISTRICT 688 524

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2 MULAKKUZHA GRAMA PANCHAYAT MULAKKUZHA PANCHAYAT OFFICE, MULAKKUZHA P.O, CHENGANNUR TALUK, ALAPPUZHA DISTRICT 689 505 REPRESENTED BY ITS SECRETARY

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BY ADVS. ADVOCATE GENERAL OFFICE KERALA RAJEEV JYOTHISH GEORGE(K/1298/2009)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2022, ALONG WITH WP(C).3132/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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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 T.R.RAVI

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FRIDAY, THE 1^ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944

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WP(C) NO. 3132 OF 2022

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PETITIONER:

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R UNNIKRISHNAN., S/O. RAGHAVAN, KOTTACKATTETHU, PONAKAM MAVELIKKARA, ALAPPUZHA DISTRICT 686 101.

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BY ADVS. G.HARIHARAN PRAVEEN.H.

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RESPONDENTS:

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1 SENIOR GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, ALAPPUZHA DISTRICT OFFICE, CHERTHALA ALAPPUZHA DISTRICT 688 524.

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2 MULAKKUZHA GRAMA PANCHAYAT , MULAKKUZHA PANCHAYAT OFFICE, MULAKKUZHA P.O., CHENGANNUR TALUK, ALAPPUZHA DISTRICT 689 505, REPRESENTED BY ITS SECRETARY.

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SRI. RAJEEV JYOTHISH GEORGE, GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2022, ALONG WITH WP(C).3080/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOS.3080 OF 2022 & 3132 OF 2022

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JUDGMENT

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[ WP(C) NOS.3080 OF 2022 & 3132 OF 2022 ]

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In both these cases, the petitioners pray consideration of
Ext.P3 applications filed before the 2nd respondent.

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2.When the case is taken up, the counsel for the
petitioners submitted that the grievance presently is only
regarding action to be taken on Ext.P4 application by the 1st
respondent for issuance of transit passes.

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3.The first respondent has filed a statement in WP(C)
No.3080/2022, wherein it is stated that no applications have
been received along with the required documents from the
petitioner. It is also stated that if the petitioners submit
applications in the prescribed form along with the possession
certificate, location sketch, approved building plan and building
permit containing the area of land to be developed for the
construction of the building and quantity of ordinary earth to be
extracted, orders can be issued after collecting the required

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WP(C) NOS.3080 OF 2022 & 3132 OF 2022

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royalty.

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In the light of the statement filed by the 1st respondent,
these writ petitions are disposed of directing the petitioners to
submit proper applications in the prescribed form before the 1st
respondent along with the documents required as stated in
paragraph 7 of the statement filed by the 1st respondent before
this Court. On receipt of such an application, the 1st
respondent shall consider the same and pass necessary orders,
within a period two weeks after receiving a completed
application along with all documents.

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Sd/-

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T.R.RAVI JUDGE

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spk

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WP(C) NOS.3080 OF 2022 & 3132 OF 2022

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APPENDIX OF WP(C) 3080/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 01-10-2021 ISSUED BY THE VILLAGE OFFICER, MULAKKUZHA VILLAGE IN THE NAME OF THE PETITIONER

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Exhibit P2 TRUE COPY OF THE BUILDING PERMIT NO. A3-1986/2016 DATED 30-03-2016 ALONG WITH RENEWAL ENDORSEMENT DATED 14-102020 ISSUED BY THE 2ND RESPONDENT

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Exhibit P3 TRUE COPY OF THE APPLICATION DATED 2603-2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR ISSUANCE OF DEVELOPMENT PERMIT

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Exhibit P4 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 31-03-2021 ISSUED BY THE 2ND RESPONDENT'S OFFICE EVIDENCING RECEIPT EXHIBIT P3 APPLICATION FOR DEVELOPMENT PERMIT

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Exhibit P5 TRUE COPY OF THE APPLICATION DATED 1312-2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

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Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED 2712-2021 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF ANOTHER PERSON NAMED SMT SARAMMA JOSEPH

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RESPONDENT'S/S EXHIBITS : NIL

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WP(C) NOS.3080 OF 2022 & 3132 OF 2022

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APPENDIX OF WP(C) 3132/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE CONSENT LETTER DATED 10.12.2021 EXECUTED IN FAVOUR OF THE PETITIONER BY SRI. ASHOK KUMAR.

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Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO. A21632/21 DATED 06.08.2021 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF SRI. ASHOK KUMAR.

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Exhibit P3 TRUE COPY OF THE APPLICATION DATED 09.03.2019 FILED BEFORE THE 2ND RESPONDENT FOR THE ISSUANCE OF DEVELOPMENT PERMIT BY SRI ASHOK KUMAR.

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Exhibit P4 TRUE COPY OF THE APPLICATION DATED 13.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

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Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED 27.12.2021 ISSUED BY THE IST RESPONDENT IN THE NAME OF ANOTHER PERSON NAMED SRI. SARAMMA JOSEPH.

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RESPONDENT'S/S EXHIBITS : NIL

Radhakrishna Kurup v. Senior Geologist

Case brief

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Radhakrishna Kurup v. Senior Geologist

Case brief

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