Disposed

Krishnan, v. Director of Mining and Geology

Kerala HC24 Mar 2022WP(C)/8382/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought transit passes for removing stockpiled boulders from his property. The High Court held that the petitioner must first furnish details regarding the quantity and measurements of the boulders before the respondent can consider the application. Upon compliance, the respondent must decide and communicate the decision within three weeks.

What did the court decide?

A direction that upon production of required quantity and measurement details, the respondent must consider the application and decide within three weeks.

Krishnan, Vs Director of Mining and Geology — Pension and Retirement Benefits | 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 MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 24^TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944

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WP(C) NO. 8382 OF 2022

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PETITIONER:

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KRISHNAN, AGED 67 YEARS S/O. RAMAN, SAJEEV BHAVAN, ELAMBA, ATTINGAL, CHIRAYINKEEZHU, THIRUVANANTHAPURAM 695 304. BY ADVS. K.SIJU S.ABHILASH ANJANA KANNATH

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RESPONDENTS:

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1 DIRECTOR OF MINING AND GEOLOGY, DESAVADASAPURAM, PATTOM PALACE P.O, THIRUVANANTHAPURAM695 004. 2 THE DISTRICT GEOLOGIST, OFFICE OF MINING AND GEOLOGY, DEPARTMENT OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM, PALACE P.O, THIRUVANANTHAPURAM-695 004 3 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, 1ST FLOOR, KUDAPPANAKUNNU, THIRUVANANTHAPURAM 695 043. BY SMT. VINITHA B., SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.8382 OF 2022

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JUDGMENT Dated this the 24^th day of March, 2022

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This writ petition is filed seeking the following

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relief:

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“i.Issue a writ of mandamus or any other writ order or direction, commanding the 2^nd respondent to issue necessary transit passes by collecting royalty so as to enable the petitioner to transport the stocked boulders in his property comprised in Re.Sy.No.181/9 of Elamba Village in a time bound manner.

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ii.To direct the 2^nd respondent to take immediate decision in Exhibit P2 and P3 in a time bound manner .”

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Heard the learned counsel for the petitioner and

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the learned Government Pleader

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It is submitted by the learned counsel appearing for the petitioner that the petitioner is the owner of 8.40 Ares of property in Re.Sy.No.181/9 of Elamba Village in Chirayinkeezhu Taluk of Thiruvananthapuram District. It is submitted that the petitioner requires to remove the stockpiled boulders from the property and that a request had been made for the said purpose. It is submitted that transit passes are also required to transport the stockpiled boulders. It is submitted that though Exhibit P2 application

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WP(C).No.8382 OF 2022

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was dated 29.10.2021, no steps have been taken till date.

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Learned Government Pleader submits on

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instructions that the petitioner has been required to give the details with regard to the quantity of the stockpiled boulders, for consideration of the application, in accordance with law and that as soon as such details are made available, the application will be considered in accordance with law.

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Having considered the contentions advanced, in case the petitioner produces the details as required, of the measurements with regard to the stockpiled boulders before the respondent, the application submitted by the petitioner for transporting the said material shall be considered and appropriate decision taken and communicated to the petitioner, within a period of three weeks thereafter.

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This writ petition is ordered accordingly.

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Sd/ANU SIVARAMAN JUDGE

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SSK/23/03

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WP(C).No.8382 OF 2022

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PETITIONER'S EXHIBITS:

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Exhibit P1^{THE COPY OF LETTER DATED 13.1.2021 ISSUED BY THE} 2ND RESPONDENT TO THE PETITIONER. Exhibit P2^{THE COPY OF APPLICATION DATED 29.10.2021 SUBMITTED} BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P3^{THE COPY OF LETTER DATED 21.1.2022 ISSUED BY T.M.} CONSTRUCTIONS TO THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

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SSK //TRUE COPY// PA TO JUDGE

Krishnan, v. Director of Mining and Geology

Case brief

What is this about?

What did the court decide?

Krishnan, v. Director of Mining and Geology

Case brief

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