The petitioners challenged the non-renewal of a movement permit to remove earth. The court directed the Geologist to consider the request for renewal within 30 days and disposed of the petition accordingly.
Direction to consider renewal of Ext.P2 permit within 30 days.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 10TH DAY OF JUNE 2024/20TH JYAISHTA, 1946
WP(C) NO.18809 OF 2024
PETITIONERS:
BY ADVS. C.RAJENDRAN B.K.GOPALAKRISHNAN R.S.SREEVIDYA MANU M.
RESPONDENTS:
BY ADVS. SASITH PANICKER M.R, AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.18809 of 2024
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JUDGMENT
Dated, this the 10th June, 2024
Petitioners are aggrieved by the non-renewal of
Ext.P2 movement permit to remove earth by the 2nd respondent/Geologist. Originally, Ext.P2 permit was issued in favour of the petitioners. However, earth could not be removed acting upon such permit, since there was an injunction passed by a Civil Court. By the time the same was vacated, the period stipulated in Ext.P2 permit has expired. The petitioners seek renewal of the said permit, which, however, is not being done by the 2nd respondent/Geologist, is the grievance espoused by the learned counsel for the petitioners.
2. Having heard the learned counsel appearing for
respective parties and having regard to the attendant facts and circumstances, this Court directs the 2nd respondent/Geologist to consider and
pass orders in Ext.P6 representation seeking
W.P(C) No.18809 of 2024
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renewal of Ext.P2 permit, within a period of 30 days from today (10.06.2024). The petitioners will produce a copy of this judgment before the 2nd respondent forthwith.
This Writ Petition is disposed of as above.
Sd/-
C.JAYACHANDRAN, JUDGE
ww
W.P(C) No.18809 of 2024
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APPENDIX OF WP(C) 18809/2024
PETITIONERS' EXHIBITS:
| EXHIBIT P1 | A TRUE PHOTO COPY OF THE PERMIT F BUILDING WITH PLAN DATED 18/01/2023 |
OR THE . |
|---|---|---|
| EXHIBIT P2 | A TRUE PHOTOCOPY OF THE ORDER MINING AND GEOLOGY DEPARTMENT DATED 30/11/2023. |
OF THE KOLLAM |
| EXHIBIT P3 | A TRUE PHOTOCOPY OF THE ORDER 27/07/2023 ISSUED FROM THE OFFICE EXECUTIVE ENGINEER, KERALA TRANSPORT PROJECT. |
DATED OF THE STATE |
| EXHIBIT P4 | A TRUE COPY OF THE INTERIM ORDER HON'BLE COURT IN WP(C) NO.5465/202 20/03/2024 IS PRODUCED HEREWIT MARKED AS EXHIBIT P4. |
OF THIS 4 DATED H AND |
| EXHIBIT P5 | A TRUE COPY OF THE ORDER OF THE COURT, KOTTARAKKARA IN IA NO.01/2 OS NO.599/2023 DATED 09/04/2024. |
MUNSIFF 023 IN |
| EXHIBIT P6 | A TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 2ND RESPONDEN 20/05/2024. |
DATED T DATED |
| EXHIBIT P7 | A TRUE COPY OF THE RENT DEED 01/04/2023. |
DATED |
1 issue framed by the court
Whether the non-renewal of the movement permit for removing earth should be addressed by the Geologist.
Baby
Kunjumol
Vettikkvala Grama Panchayath
The Geologist, Department of Mining and Geology
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
