The High Court of Kerala dismissed the writ petition by closing the proceedings, directing the petitioner to prefer an appeal against the impugned order as the matters raised were fact-intensive.
the writ petition is closed, without prejudice to the right of the petitioner to prefer an appeal
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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 8TH DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944
WP(C) NO. 1170 OF 2023
PETITIONER:
MINIKUMARI
AGED 45 YEARS
THEKKEVILA, PALLIKKAL, CHIRAYANKEEZHU PO,
THIRUVANANTHAPURAM, PIN - 695101
BY ADV M.R.SASITH
RESPONDENT:
THE DISTRICT GEOLOGIST
MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE,
ASRAMAM, KOLLAM, PIN - 691008
SMT.PARVATHY.K-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1170 OF 2023
2
JUDGMENT
Dated this the 8th day of February, 2023
This writ petition is filed challenging Ext.P3 order issued by the respondent dated 11.10.2022. It is submitted by the learned counsel for the petitioner that Ext.P3 order has been passed by the Geologist on the request made by the petitioner for permission to remove the soil on the strength of a building permit and a development permit. The same is
challenged on several grounds.
In the above view of the matter, this writ petition is closed, without prejudice to the right of the petitioner to prefer an appeal against Ext.P3 order, in accordance with law, and leaving open the contentions of the parties in the said appeal.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 1170 OF 2023
3
APPENDIX OF WP(C) 1170/2023
PETITIONER’S EXHIBITS
Exhibit P1THE TRUE COPY OF TRANSIT PASS NO. 188/2022-
23/OE/DOQ/S2/984/21 ISSUED BY THE RESPONDENT
TO THE PETITIONER DATED 27.05.2022
Exhibit P2THE TRUE COPY OF THE JUDGMENT PASSED BY THIS
HON'BLE COURT IN WP(C) NO. 25346/2022 DATED
05.08.2022
Exhibit P3THE TRUE COPY OF THE ORDER NO.
500/2022-23/OE/DOQ) S-2/984/2021PASSED BY THE
RESPONDENT DATED 11.10.2022
RESPONDENT’S EXHIBITS: NIL
Minikumari
The District Geologist
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court