IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 21376 OF 2020
PETITIONER:
BABU JOHN
S/O. V.M.JOHN, VAZHIPLACKAL HOUSE, NEDUMKUNNAM P.O.,
KOTTAYAM DISTRICT-686 542
BY ADV SANIL JOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, MINING AND GEOLOGY
DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR,
MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM-695 004
3 THE GEOLOGIST,
DISTRICT MINING AND GEOLOGY OFFICE,
KOTTAYAM DISTRICT-686 002
4 ADDL.R4 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM - 686 001
[ADDL.R4 IS IMPLEADED AS PER ORDER DATED 08/06/2022 IN
IA:2/2022 IN WP(C) 21376/2020]
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21376 OF 2020
2
JUDGMENT
Dated this the 1st day of July, 2022 The petitioner, who is owner of more than 1 Acre of property in Survey Nos.211/12, 211/11 and 211/2 of Block No.19 of Nedumkunnam Village, Changanacherry Taluk of Kottayam District, is before this Court seeking to direct the 3rd respondent-Geologist to consider and take appropriate decision on Ext.P7 application within a time frame fixed by this Court.
2. The petitioner states that the petitioner wanted to remove granite stone blasted in the property of the petitioner, for which he has made Ext.P7 application before the 3rd respondent-Geologist. It is for expeditious consideration of Ext.P7 application that the petitioner has approached this Court.
3. It is submitted on behalf of the respondents that in view of Rule 104 of the Kerala Minor Mineral Concession WP(C) NO. 21376 OF 2020 3 Rules, a No Objection Certificate from the Revenue Divisional Officer is required for grant of Transit Pass.
4. In view of the said situation, the petitioner has submitted Ext.P8 application before the Revenue Divisional Officer. The petitioner hence seeks a direction to consider and pass orders on Ext.P8 also.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
6. The petitioner wants to remove blasted granite from his property. The petitioner has submitted an application before the Revenue Divisional Officer invoking Rule 104 of the Kerala Minor Mineral Concession Rules, 2015. The petitioner has also submitted application for Transit Pass before the 3 rd respondent-Geologist. Both these applications being of statutory nature, this Court is of the view that the competent authorities shall consider the same and pass orders thereon, within a reasonable time.
WP(C) NO. 21376 OF 2020 4 In the circumstances, the writ petition is disposed of directing the additional 4th respondent-Revenue Divisional Officer to consider Ext.P8 application for No Objection Certificate submitted by the petitioner and pass appropriate orders thereon within a period of two months. If the petitioner produces No Objection Certificate, if any, granted by the additional 4th respondent, the 3rd respondent-Geologist shall take a decision on the application for Transit Pass submitted by the petitioner, within a further period of one month.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO. 21376 OF 2020 5 APPENDIX OF WP(C) 21376/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 11.3.2019 OF THE PETITIONER'S PROPERTY ISSUED BY THE VILLAGE OFFICER, NEDUMKUNNAM EXHIBIT P2 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 20.4.2018 OF THE PETITIONER'S PROPERTY ISSUED BY THE VILLAGE OFFICER, NEDUMKUNNAM EXHIBIT P3 TRUE PHOTOCOPY OF THE PERMISSION TO CONSTRUCT POND DATED 13.2.2019 ISSUED BY THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, KOTTAYAM EXHIBIT P4 TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE DATED 6.3.2019 ISSUED BY THE SECRETARY, NEDUMKUNNAM GRAMA PANCHAYAT EXHIBIT P5 TRUE PHOTOCOPY OF THE DEVELOPMENT PERMIT DATED 7.3.2019 ISSUED BY THE SECRETARY, NEDUMKUNNAM GRAMA PANCHAYAT EXHIBIT P6 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 12.4.2019 IN WPC NO.9184/2019 OF THIS HON'BLE COURT EXHIBIT P7 TRUE PHOTOCOPY OF THE APPLICATION DATED 19.3.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT GEOLOGIST Exhibit P8 TRUE COPY OF THE APPLICATION DATED 24/12/2020 SUBMITTED UNDER RULE 104 OF THE KERALA MINOR MINERAL CONCESSION RULES, 2015 BEFORE THE ADDL. 4TH RESPONDENT Exhibit P8(A) TRUE COPY OF THE RECEIPT DATED 24/12/2020 ISSUED BY THE ADDITIONAL 4TH RESPONDENT RESPONDENT'S/S EXHIBITS : NIL