2022/KER/20327 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 12^TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944 WP(C) NO. 13830 OF 2022 PETITIONER:

MOHANAN G.

CHAKKIYARA PUTHEN VEEDU, ARCHAL, NEDIYARA P.O., ANCHAL, KOLLAM, PIN - 691306 BY ADVS.

K.SUDHINKUMAR P.MOHANDAS (ERNAKULAM)

S.NITHIN (ANCHAL)

RESPONDENTS:

1 THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, KESAVANIKETHAN, ASRAMAM, KOLLAM, PIN - 691002

2 THE DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN - 695004

3 VILLAGE OFFICER, ANCHAL VILLAGE, ANCHAL P.O., KOLLAM, PIN - 691306 OTHER PRESENT:

SMT.K.M RESMI-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

12.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM,J ---------------------------------

W.P.(C).No.13830 of 2022 -------------------------------------

Dated this the 12^th day of April, 2022

JUDGMENT

Petitioner is the absolute owner and in possession of

39.44 Ares of Land in Re-Survey No.166/2-4 Block 33 in Anchal Village in Punalur Taluk in Kollam District. Petitioner intend to construct a residential building in the said property having an extent of 66.94 Sq. metres, as evident from Ext.P1 building permit issued by the local authority. In connection with the construction of the house, petitioner has permitted to remove earth from the property and based on application submitted by the petitioner, the 1^st respondent has granted permission the petitioner to remove 1938 Metric Ton of earth and also issued Transit Pass as per order dated 12.04.2021. As the time limit as per the said order expired, the petitioner again approached the 1^st respondent and as per Ext.P5 order, the petitioner has permitted to remove 640 Metric Ton of earth from his property and 64 passes were issued for removal of the same.

2. The case of the petitioner is that only 6 out of the 64 transit pass issued by the 1^st respondent could be utilised by the petitioner due to obstruction from the local public and in the said circumstances, the balance 54 transit passes were surrendered before the 1^st respondent. So as to enable the petitioner to remove the remaining earth so as to facilitate the construction of the house, he submitted Ext.P7 application dated 6.4.2022 before the 1^st respondent for issuing fresh transit pass for transporting earth which is permitted to be removed. He seeks for an early disposal of Ext.P7 pending before the 1^st respondent. The Government Pleader on instruction submitted that a field verification is to be conducted before taking a decision on Ext.P7 and it would require at least 6 weeks time to take a final decision on Ext.P7.

Therefore, the above writ petition is disposed of with a direction to the 1^st respondent to consider and pass orders on Ext.P7 within a period of 6 weeks from the date of receipt of a copy of this judgment. sd/-

VIJU ABRAHAM, JUDGE pm APPENDIX OF WP(C) 13830/2022 PETITIONER'S EXHIBITS Exhibit-P1 TRUE COPY OF THE SITE APPROVAL PLAN AND BUILDING PERMIT ISSUED BY THE SECRETARY, ANCHAL GRAMA PANCHAYATH DATED 08.02.2021 Exhibit-P2 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE SECRETARY, ANCHAL GRAMA PANCHAYATH DATED 08.02.2021 Exhibit-P3 TRUE COPY OF CHALAN FOR PAYMENT OF MONEY IN THE NAME OF THE FIRST RESPONDENT IN THE TREASURY DATED 24.03.2021 Exhibit-P4 . TRUE COPY OF THE JUDGMENT DATED

09.03.2022 IN W.P.(C) NO. 7698/2022 Exhibit-P5 TRUE COPY OF THE ORDER NO. 1005/2021-

22/OE/DOQ/S2/452/2021 DATED 31.03.2022 ISSUED BY THE 1ST RESPONDENT Exhibit-P6 TRUE COPY OF THE ONE OF THE TRANSIT PASS ISSUED BY THE 1ST RESPONDENT DATED

31.03.2022 Exhibit-P7 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 06.04.2022