IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 20446 OF 2022
PETITIONERS
1 PRASANNA KUMARY
AGED 52 YEARS
W/O. GOPAKUMAR, PUTHUPPARAMBIL VEETIL, RANNI
P.O, RANNY VILLAGE, RANNY TALUK, PATHANAMTHITTA
DISTRICT, PIN - 689672.
2 GOPAKUMAR
AGED 54 YEARS
S/O. GOPI, PUTHUPPARAMBIL VEETIL, RANNI P.O,
RANNY VILLAGE, RANNY TALUK, PATHANAMTHITTA
DISTRICT, PIN - 689672.
BY ADVS.
AJITH MURALI
MOHANAN M.K.
RESPONDENTS
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM -
695001.
2 THE DISTRICT COLLECTOR
PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN -
689645.
3 THE CHAIRPERSON,
DISTRICT DISASTER MANAGEMENT AUTHORITY,
PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN -
689645.
4 THE REVENUE DIVISIONAL OFFICER,
RDO OFFICE, RANNI TALUK, PATHANAMTHITTA
DISTRICT, PIN - 689672.
5 THE SENIOR GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY, ARANMULA,
PATHANAMTHITTA DISTRICT, PIN - 689645.
SRI. SYAMANTHAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.20446 of 2022 :2:
JUDGMENT
Dated this the 28th day of June, 2022 The petitioners, who are husband and wife, holding a title to 8.20 Acres of property in Re-Survey No.191/15 of Ranni Village at Pathanamthitta District, have approached this Court seeking to direct the 5 th respondent to consider Ext.P7 representation and renew Ext.P6 Permit Order and extend the time granted for transportation of red earth.
2. The petitioners state that they have submitted an application before the 3rd respondent-Chairperson of the District Disaster Management Authority and the said authority, after considering the application and report of the Revenue authority, has issued Ext.P3, enabling the petitioners to remove red earth from the area. The petitioners thereafter submitted Ext.P7 application before the 5 th respondent seeking to permit them to remove and transport 400 cubic metres of red earth. The 5 th respondent has not passed any orders on Ext.P7 so far.
W.P.(C) No.20446 of 2022 :3:
3. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioner in the writ petition. The Government Pleader, however, submitted that since Ext.P7 has been submitted by the petitioner for compliance of the provisions of the Kerala Minor Mineral Concession Rules, the application can be considered by the 5th respondent in accordance with law, if such application is received, supported by all requisite documents.
. In view of the above, the writ petition is disposed of directing the 5th respondent to consider Ext.P7 application submitted by the petitioner and take a decision thereon, within a period of one month, if the said Ext.P7 is received along with all supporting documents, if any, required and is pending before the 5th respondent.
Sd/-
N. NAGARESH, JUDGE smm/ 29.06.2022 W.P.(C) No.20446 of 2022 :4: APPENDIX OF WP(C) 20446/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE RESPONDENT 4 AND 5 DATED 13.08.2021.
Exhibit P2 THE TRUE COPY OF THE REPORT PREPARED BY THE 4TH RESPONDENT DATED 14.02.2022.
Exhibit P3 THE TRUE COPY PERMISSION ORDER NO.
DCPTA/2751/2021-DM5 DATED 06.04.2022 ISSUED BY THE 2ND RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE PERMIT ORDER NO.
65/2022-23/1904/DOPTA/M/2021 ISSUED BY THE 5TH RESPONDENT DATED 26.04.2022. Exhibit P5 THE TRUE COPY ORDER IN WP(C) NO.
15328/2022 OF THIS HONOURABLE COURT DATED 19.05.2022.
Exhibit P6 THE TRUE COPY OF THE PERMIT ORDER NO.
145/2022-23/1904/DOPTA/M/2021 ISSUED BY THE 5TH RESPONDENT DATED 24.05.2022.
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT DATED 26.05.2022.