IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 24348 OF 2022
PETITIONER
P.S CHACKO
AGED 88 YEARS
S/O. SAMUEL, PUTHUPARAMBIL HOUSE, RANNY P.O.,
VARAVOOR, RANNY, PATHANAMTHITTA DISTRICT,
PIN-689 674.
BY ADVS.
E.S.ASHRAF
K.S.KARUNAMOL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINING AND GEOLOGY DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001
2 THE DISTRICT COLLECTOR,
COLLECTORATE, PATHANAMTHITTA P.O.,
PATHANAMTHITA DISTRICT,PIN-689 645
3 THE GEOLOGIST,
DISTRICT OFFICE OF THE MINING AND GEOLOGY
DEPARTMENT, ADOOR, PATHANAMTHITA DISTRICT
PIN 691523
4 THE SECRETARY
RANNY-ANGADI GRAMAPANCHAYAT, ANGADI P.O
RANNY TALUK, PATHANAMTHITA DISTRICT
PIN 689674
SRI.SYAMANTHAK.B.S.-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.24348 of 2022 2
]
JUDGMENT
Dated this the 27th day of July, 2022 The petitioner, who is owner of 6.8 Ares of property in Re-survey No.371/3-2 of Ranny Village of Ranny Taluk in Pathanamthitta District, has filed this writ petition seeking to direct the 3 rd respondent to issue Mineral Transit Pass to the petitioner.
2. The petitioner is owner of 6.8 Ares of property. The petitioner desires to construct a building in the property. The petitioner therefore approached the Local Self Government Institution and has obtained a Building Permit.
3. Construction of the building requires levelling of land and removal of ordinary earth. The petitioner therefore submitted Ext.P3 application to the respondent-Geologist seeking to issue Mineral Transit Pass to the petitioner for transportation of ordinary W.P(C) No.24348 of 2022 3 ] earth.
4. Though the application for Mineral Transit Pass was submitted on 23.07.2022, the 3 rd respondent did not accept and consider the same. Unless the 3 rd respondent considers the application expeditiously and issues Mineral Transit Pass at the earliest, the petitioner will be put to untold hardship and financial loss, contends the petitioner.
5. The Government Pleader entered appearance on behalf of the respondent and defended the writ petition. The Government Pleader controverted all material allegations made by the petitioner, in the writ petition.
6. On behalf of the respondents, it is submitted that a large number of applications for Mineral Transit Passes are pending consideration before the 3 rd respondent. Issuance of Mineral Transit Passes would require due verification of the credibility of application W.P(C) No.24348 of 2022 4 ] and may involve Site Visits also. Considering the work load in the office of the 3 rd respondent, at least three months time is required to take a decision on such applications.
7. The Government Pleader submitted that application for Mineral Transit Pass being a statutory application, if the petitioner submits application supported by all requisite documents, the same can be considered in accordance with law.
8. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
9. The petitioner wants to construct a building in his property and has obtained a Building Permit. Construction of the building would require levelling of land and removal and transportation of ordinary earth. The petitioner therefore requires Mineral Transit Pass and has submitted an application for the same. The 3 rd W.P(C) No.24348 of 2022 5 ] respondent did not accept the application.
10. Rule 26(4) of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 declares that any consignment of minerals without a valid Transit Pass shall be considered as illicit and the competent authority and authorised officer may recover the mineral from the person and also seize the receptacles in which the same is found and the carrier used in carrying the same.
11. The application submitted by the petitioner for Mineral Transit Pass therefore is a statutory requirement. The competent authority therefore is bound to consider the application in accordance with law within a reasonable time.
The writ petition is therefore disposed of directing the 3rd respondent to accept and consider Ext.P3 application submitted by the petitioner and pass W.P(C) No.24348 of 2022 6 ] appropriate orders thereon, in accordance with law, as expeditiously as possible and at any rate, within a period of two months.
Sd/-
N. NAGARESH, JUDGE smm/ 27.07.2022 W.P(C) No.24348 of 2022 7 ] APPENDIX OF WP(C) 24348/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 09/05/2022 ISSUED BY THE THIRD RESPONDENT IN RESPECT OF THE PETITIONER'S PROPERTY Exhibit P2 TRUE COPY OF THE BUILDING PERMIT DATED 15/07/2022 ISSUED BY THE RANNY PANCHAYAT Exhibit P3 TRUE COPY OF THE APPLICATION DATED 23/07/2022 SUBMITTED BEFORE THE 3RD RESPONDENT.