Mohanan G vs Geologist

Viju Abraham, J

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 1st 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 1st 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.

The case of the petitioner is that only 6 out of the 64 transit pass issued by the 1st 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 1st 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 1st 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 1st 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 1st 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.