IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
WP(C) NO. 27679 OF 2022
PETITIONER:
VIPIN DAS
AGED 38 YEARS
S/O MUKUNDAN,
KOMATHU HOUSE,
NANTHIKKARA,
THRISSUR.
BY ADV SUNIL JACOB JOSE
RESPONDENTS:
1 THE DIRECTOR, MINING AND GEOLOGY
(MINING & GEOLOGY),
DIRECTORATE OF MINING & GEOLOGY,
KESAVADASAPURAM,
PATTOM PALACE P.O,
THIRUVANANTHAPURAM-695004.
2 SENIOR GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE,
MINI CIVIL STATION,
CHEMBUKKAVU,
THRISSUR-20.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
GOVERNMENT PLEADER(GP-1)
SMT.VIDYA KURIAKOSE GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.27679 OF 2022
2
JUDGMENT
Dated this the 3rd day of November, 2022 The petitioner was granted Ext.P1 order under Rule 104 of the Kerala Minor Mineral Concession Rules, permitting him to remove 7000 Cubic metres of ordinary clay that had been extracted and stored in the property.
2. The petitioner states that the 2nd respondent-Senior Geologist has to pass consequential orders. It is stated that though the petitioner has been issued Mineral Transit Passes earlier two times, he could not transport any clay at all. This is due to the fact that transportation of clay is prohibited on Saturdays and Sundays and on the days notified by the Disaster Management Authority. The clay cannot be removed on rainy days also.
3. The petitioner states that the non-issuance of renewed Mineral Transit Passes by the 2nd respondent-Senior Geologist is WP(C) NO.27679 OF 2022 3 causing untold hardship to the petitioner. Unless the 2 nd respondent-Senior Geologist issues sufficient quantity of Mineral Transit Passes permitting the petitioner to remove the clay stored in the property, within a duration of sixty days, the petitioner will not be able to transport the entire quantity of 7000 Cubic metres of clay. Therefore, the 2nd respondent-Senior Geologist is compellable to issue Mineral Transit Passes giving the petitioner a period of sixty days for transportation.
4. Government Pleader entered appearance and resisted the writ petition. Government Pleader submitted that such a long duration cannot be granted for transportation of clay or ordinary earth. Such long duration will be misused for illegal excavation and transportation of minerals. The maximum period that can be granted is two weeks, stated the Government Pleader. Though the petitioner was issued with Mineral Transit Passes earlier, the petitioner has not cared to remove any amount of clay from the property. In the circumstances, the bona fide of the petitioner is WP(C) NO.27679 OF 2022 4 doubtful, contended the Government Pleader.
5. The counsel for the petitioner, on the other hand, submitted that the petitioner has to deploy sufficient men, machinery and materials for transportation of the clay. If due to reasons beyond the control of the petitioner, the entire quantity could not be removed within the permissible period, the petitioner will have to make fresh application again for issuance of Mineral Transit Passes which will not be issued atleast within a period of one week. During all these periods, the machinery like Excavator and Hitachi Lorries will have to be maintained by the petitioner paying huge hire charges, which would result in gross financial loss to the petitioner. Therefore, in the interest of justice, the petitioner should be granted sixty days to transform the clay and sufficient number of Mineral Transit Passes, contended the petitioner.
6. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents. WP(C) NO.27679 OF 2022 5
7. It is an admitted position that the petitioner has been permitted to remove 7000 Cubic metres of clay from the property possessed by the petitioner. The petitioner has been issued with Mineral Transit Passes. According to the petitioner, the clay could not be removed utilising those Mineral Transit Passes due to reasons beyond the control of the petitioner.
8. The specific case of the petitioner is that unless sufficient time is granted, once the period of Mineral Transit Passes expire, the petitioner will have to surrender the remaining Mineral Transit Passes and apply for issuance of fresh passes. The processing of such renewal application would take a considerable amount of time and the petitioner will have to pay the rentals/ hire charges of machinery like Excavator, Hitachi lorry, etc. which will be financially unviable.
9. Taking into consideration the entire facts and circumstances of the case and also taking into consideration the fact that the petitioner has been permitted to remove 7000 Cubic WP(C) NO.27679 OF 2022 6 metres of clay, this Court is inclined to grant appropriate direction to the 2nd respondent-Senior Geologist.
10. The 2nd respondent-Senior Geologist is directed to consider the application of the petitioner for issuance of Mineral Transit Passes and issue sufficient number of passes so as to remove the entire quantity of 7000 Cubic metres of clay, granting a duration of twenty days for removal of clay. It is made clear that if the petitioner for any reason is unable to remove the entire quantity of clay during this period, he may make an application for reissuance of Mineral Transit Passes one week in advance. If the petitioner makes such renewal application, the 2nd respondent- Senior Geologist will consider the same expeditiously.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH JUDGE sss WP(C) NO.27679 OF 2022 7 APPENDIX OF WP(C) 27679/2022 PETITIONER'S EXHIBITS Exhibit P1 PHOTOCOPY OF GO(RT)NO.33/2022/ID DATED 10/01/2020 OF THE 1ST RESPONDENT.
Exhibit P2 PHOTOCOPY OF REPRESENTATION DATED 24/1/2022 OF THE PETITIONER BEFORE THE 1ST RESPONDENT. Exhibit P3 PHOTOCOPY OF THE JUDGMENT DATED 18/3/2022 IN WP(C)NO.4070/2022 OF THIS HON'BLE COURT.
Exhibit P4 PHOTOCOPY OF ORDER NO.6/22-
23/2017/OC/C1/TDO/2021 DATED 4/4/2022 OF THE 2ND RESPONDENT.
Exhibit P5 PHOTOCOPY OF THE CHALAN AND THE PAY IN SLIP DATED 11/4/2022 EVIDENCING PAYMENT OF THE ROYALTY AMOUNT AND THE TDS.
Exhibit P6 TYPED COPY OF THE REQUEST OF THE PETITIONER DATED 13/4/2022 SENT TO THE 2ND RESPONDENT. Exhibit P7 PHOTOCOPY OF THE ORDER NO.22/22-
23/2017/OC/C2/TDO/2021DATED 13/4/2022 OF THE 2ND RESPONDENT.
Exhibit P8 TYPED COPY OF THE LETTER DATED 23/4/2022 SUBMITTED TO THE 2ND RESPONDENT.
Exhibit P9 PHOTOCOPY OF THE ORDER NO.51/22-
23/2017/OC/C2/TDO/2021 DATED 13/5/2022 OF THE 2ND RESPONDENT.
Exhibit P10 PHOTOCOPY OF THE REPRESENTATION OF THE PETITIONER DATED 17/5/2022 BEFORE THE 2ND RESPONDENT.
Exhibit P11 PHOTOCOPY OF THE LETTER DATED 20/06/2022 OF THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P12 PHOTOCOPY OF PERMIT NO.18 OF BOOK NO.1 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT. Exhibit P13 PHOTOCOPY OF PERMIT NO.92 OF BOOK NO.2 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT. Exhibit P14 A PHOTOCOPY OF THE ORDER NO.166/DOTHR-
DMG/2093/2022-E DATED 26.9.2022 OF THE 2ND RESPONDENT.