IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 21194 OF 2022
PETITIONER:
SARALAKUMARI,
AGED 54 YEARS
D/O. RAJAGOPALAKURUP, KRISHNAVILASAM, MALOOR,
PATTAZHI, VADAKKEKARA, PATHANAPURAM.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENT:
DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, MINING AND
GEOLOGY OFFICE, ASHRAMAM GROUND, KOLLAM 691
002.
SRI. SYAMANTHAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING
W.P.(C) No.21194/2022
2
JUDGMENT
Dated this the 29th day of June, 2022 The petitioner, who is owner of 22.50 Ares of property in Re-Survey No.142/4 of Pattazhi Vadakkekara Village of Pathanapuram Taluk has approached this Court seeking to direct the respondent to issue mineral Transit Pass to the petitioner, within a time frame.
2. The petitioner states that her property was lying in a higher terrain, at different levels, than the neighboring properties and the petitioner wanted to use the property for maximum utility. Therefore, the petitioner submitted an application for Building Permit which was issued by the Panchayat. Now, the petitioner requires Transit Pass under the provisions of the Kerala Minor Mineral Concession Rules, 2015 for removal of ordinary earth to facilitate building construction. The petitioner submitted Ext.P1 application before the respondent for issuance of Transit Pass. Unless the respondent takes a decision on Ext.P1 and issues Transit W.P.(C) No.21194/2022 3 Pass, the petitioner will find it difficult, contended the counsel for the petitioner.
3. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader, however, submitted that since Ext.P1 application is of statutory nature, it can be considered and orders can be passed thereon in accordance with law. The Government Pleader submits that more than 300 applications are pending before the respondent and sufficient time may be granted to the respondent to take a decision in the matter.
4. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.
5. The petitioner wants to construct building in her property. Building Permit was obtained. For construction of building, ordinary earth has to be excavated and transported, for which mineral Transit Pass is required. The petitioner has submitted application to the respondent for issuance of Transit Pass. It is a requirement under the Kerala Minor Mineral Concession Rules, 2015.
W.P.(C) No.21194/2022 4 In the facts and circumstances of the case, the writ petition is disposed of directing the respondent to consider Ext.P1 application submitted by the petitioner and pass appropriate orders thereon, within a period of two months.
Sd/-
N. NAGARESH JUDGE AJ W.P.(C) No.21194/2022 5 APPENDIX OF WP(C) 21194/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF THE APPLICATION BEFORE THE 1ST RESPONDENT DATED 27.05.2022.