IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20136 OF 2022
PETITIONER:
MATHEW JOSEPH,
AGED 56 YEARS
S/O. JOSEPH, VADAKKEPARAMBIL VEETIL, NEDUKUNNAM P.O.,
KARUKACHAL, NEDUKUNNAM VILLAGE, CHANGANASSERY TALUK,
KOTTAYAM DISTRICT-686540.
BY ADVS.
AJITH MURALI
MOHANAN M.K.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
KOTTAYAM, KOTTAYAM DISTRICT-686001.
3 THE VILLAGE OFFICER,
NEDUKUNNAM VILLAGE, CHANGANASSERY TALUK,
KOTTAYAM DISTRICT-686540.
4 THE SECRETARY,
NEDUKUNNAM GRAMA PANCHAYATH, NEDUKUNNAM P.O.,
KOTTAYAM DISTRICT.
5 THE SENIOR GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY, KOTTAYAM,
KOTTAYAM DISTRICT-686002.
SR. G.P.SRI.SYAMANTHAK B
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20136 OF 2022
2
JUDGMENT
Dated this the 24th day of June, 2022 The petitioner, who intends to construct a residential building in Nedumkunnam Village of Kottayam District, has approached this Court seeking to command the 5 th respondent to consider Ext.P4 renewal application and renew Ext.P2 Transit permit for transportation of minerals.
2. The petitioner states that he is in possession of 21.6732 Ares of landed property in Re-Survey No.160/3 in Block No.17 of Nedumkunnam Village, Kottayam District. In order to facilitate construction of a building, the petitioner submitted an application before the 4th respondent for Building Permit. For construction, earth has to be removed from the property for which a Transit Permit under the Provisions of the Kerala Minor Mineral Concession Rules is required. The petitioner submitted an application for Transit Permit, which WP(C) NO. 20136 OF 2022 3 was granted by the 5th respondent on 20.04.2022 as per Ext.P2.
3. The petitioner states that he has paid an amount of `1,99,394/- as royalty to the 5 th respondent. However, in spite of payment of royalty, the 5th respondent is not issuing Transit Permit. During the course of time, the period of Transit Permit also expired. The petitioner, thereupon, submitted Ext.P4 application before the 5th respondent seeking to renew the Transit Permit. Ext.P4 has not been heeded to by the 5 th respondent. The petitioner is therefore before this Court.
4. The Government Pleader entered appearance on behalf of respondents 1 to 3 and 5 and resisted the writ petition. The Government Pleader denied all the allegations made by the petitioner in the writ petition. It is submitted that since the petitioner has already been issued Ext.P2 Permit, Ext.P4 application of the petitioner for renewal of the Permit can be considered in accordance with law, if the same is received and supported by all requisite documents. WP(C) NO. 20136 OF 2022 4
5. Heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3 and 5.
6. The petitioner has already been granted Transit Permit as per Ext.P2 proceedings dated 20.04.2022. According to the petitioner, due to the delay in issuing Transit Pass, the petitioner could not carry out the requisite work. It is in such circumstances that the petitioner has submitted Ext.P4 application.
In the facts and circumstances of the case, the writ petition is disposed of directing the 5th respondent to consider Ext.P4 application submitted by the petitioner and take appropriate decision thereon in accordance with law, within a period of three weeks.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO. 20136 OF 2022 5 APPENDIX OF WP(C) 20136/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE BUILDING PERMIT NO. A2-BA(57625) /2022 DATED 21/01/2022 ISSUED BY THE 4TH RESPONDENT NEDUKUNNAM PANCHAYATH.
Exhibit P2 THE TRUE COPY OF THE PERMIT ORDER NO.
116/2022-2023/703/DOY/ML/2022 DATED 20/04/2022 ISSUED BY THE 5TH RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE CHELLAN DATED 11/04/2022 ISSUED BY THE 5TH RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE APPLICATION FOR RENEWAL OF EXHIBIT P2 PERMIT SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.
RESPONDENT'S/S EXHIBITS : NIL