IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 17709 OF 2022
PETITIONER:
YOUSUF I.,
AGED 55 YEARS,
S/o.ISMAIL PILLAI RAWTHER,
EATTIVILA VADAKKETHIL,
EDATHARA, MANKODE P.O.,
PATHANAPURAM, KOLLAM-689694
REPRESENTED BY POWER OF ATTORNEY HOLDER
DILEEP KHAN, S/O. HANEEFA RAWTHER,
AGED 46 YEARS,
ISHA MANZIL,
POOKALANJI, MANKODE P.O.,
PATHANAPURAM,
KOLLAM, PIN - 689694
BY ADV ABHILASH S.FRANCIS
RESPONDENT:
THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
PATHANAMTHITTA DISTRICT, PIN - 691523
SMT.SURYA BINOY B., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.17709/2022
2
JUDGMENT
Dated this the 1st day of June, 2022 The petitioner, who has obtained Ext.P3 Building Permit from the Local Self Government Authorities for construction of a residential Building, is before this Court seeking to direct the respondent to consider Ext.P4 application for issuance of Transit Pass without any delay.
2. The petitioner states that he proposes to construct a residential house and obtained Building Permit as evidenced by Ext.P3. The petitioner requires removal of earth for the construction of house. Therefore, the petitioner submitted Ext.P5 application to the Geologist for issuance of Transit Pass. The Geologist has not passed any orders on Ext.P5, contends the petitioner. WP(C)No.17709/2022 3
3. The learned Government Pleader entered appearance and resisted the writ petition. The learned Government Pleader pointed out that as per Ext.P6 receipt, the petitioner was informed that a decision on the application has to be taken within 90 days. Therefore, the petitioner has to wait for a decision on his application.
4. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondent.
5. The petitioner wants to construct a residential house and has obtained Building Permit on 27.04.2022. The petitioner requires transit pass issued under the Kerala Minor Mineral Concession Rules, 2015 to commence the construction. The petitioner has submitted Ext.P5 application. Ext.P5 application is a statutory application and therefore the respondent has to consider the application expeditiously.
WP(C)No.17709/2022 4 In the facts and circumstances of the case, the writ petition is disposed of directing the respondent to consider Ext.P5 application submitted by the petitioner and take appropriate decision thereon, within a period of 90 days.
Sd/-
N. NAGARESH JUDGE SR WP(C)No.17709/2022 5 APPENDIX OF WP(C) 17709/2022 PETITIONER's EXHIBITS:
Exhibit-P1 TRUE COPY OF THE LAND TAX RECEIPT
DATED 23.06.2021 ISSUED BY THE
VILLAGE OFFICER, KALANJOOR VILLAGE Exhibit-P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 03.03.2022 ISSUED FROM THE VILLAGE OFFICE, KALANJOOR Exhibit-P3 TRUE COPY OF THE BUILDING PERMIT NO.
A2-BA(140621)/2022 DATED 28.04.22 ISSUED BY THE SECRETARY, KALANJOOR GRAMA PANCHAYAT Exhibit-P4 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 04.05.2022 Exhibit-P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 04.05.22 Exhibit-P6 TRUE COPY OF THE RECEIPT OF APPLICATION ISSUED FROM THE DISTRICT OFFICE, MINING AND GEOLOGY, PATHANAMTHITTA DATED 04.05.2022 SR