Dixen K.G vs The State Of Kerala

Kerala High Court

Dixen K.G vs The State Of Kerala on 22 May, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
     WEDNESDAY, THE 22ND DAY OF MAY 2024/1ST JYAISHTA, 1946
                         WP(C) NO.18270 OF 2024
PETITIONER:

             DIXEN K.G., AGED 54 YEARS, S/O.GABRIEL,
             KUNNATH ENOKKARAN HOUSE, NETTISSERY P.O.,
             THRISSUR DISTRICT, PIN - 680651.

             BY ADVS.
             BABU S. NAIR
             SMITHA BABU


RESPONDENTS:

     1       THE STATE OF KERALA,
             REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
             DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
             TRIVANDRUM, PIN - 695001.

     2       THE DIRECTOR OF MINING AND GEOLOGY,
             DIRECTORATE OF MINING AND GEOLOGY, KESAVADASPURAM,
             PATTOM PALACE P.O.,
             THIRUVANANTHAPURAM DISTRICT, PIN - 695004.

     3       THE REVENUE DIVISIONAL OFFICER, CIVIL STATION,
             AYYANTHOLE, THRISSUR, PIN - 680003.

     4       THE DISTRICT GEOLOGIST,
             DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
             CHEMBUKAVU, THRISSUR DISTRICT, PIN - 680020.


             BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   22.05.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C) No.18270 of 2024
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                             JUDGMENT

Dated, this the 22nd May, 2024 Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, this Court is of the opinion that this Writ Petition need not be kept pending and the same can be disposed of.

2. The grievance of the petitioner is that the petitioner was allotted a petroleum retail outlet and was issued with a no objection certificate by the Additional District Magistrate (A.D.M) under the Petroleum Rules, as far back as, on 14.03.2023 vide Ext.P1. The petitioner had also obtained the site approval and building permit vide Ext.P2 dated 18.04.2023. For the purpose of construction, ordinary earth has to be removed, for which, the petitioner applied for mineral transit pass under Rule 14(2) to the Grama Panchayat concerned. The petitioner was accordingly directed to pay an amount of Rs.1,26,720/- towards the royalty, which W.P(C) No.18270 of 2024

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direction was complied with, as evidenced from Ext.P3 chalan. Consent to establish was also issued by the Kerala State Pollution Control Board, exhibited at Ext.P4. When the earth was being removed, rock was found beneath the same, which also has to be removed for the purpose of construction, wherefore, the petitioner applied for mineral transit pass under Rule 104 of the Kerala Miner Mineral Concession Rules. Ext.P5 no objection has been issued by the 3rd respondent for the same. However, no action has been taken so far by the 1 st respondent in the petitioner's application under Rule 104 afore referred. The limited relief sought for by the petitioner is a consideration of that application and to pass appropriate orders in the same, in accordance with law.

3. The learned Government Pleader has no objection to the said prayer sought for.

4. Accordingly, the first respondent is directed to W.P(C) No.18270 of 2024

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pass orders in application preferred by the petitioner under Rule 104 bearing file no.A3/25/2024 pending before the 1st respondent, within a period of three weeks from today (22.05.2024).

This W.P.(C) is disposed of accordingly.

Sd/-

C.JAYACHANDRAN, JUDGE ww W.P(C) No.18270 of 2024

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APPENDIX OF WP(C) 18270/2024 PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE NO-OBJECTION CERTIFICATE ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR DATED, 14-3-2023.

EXHIBIT P2 A TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED BY THE VARAVOOR GRAMA PANCHAYATH DATED, 18-4-2023.

EXHIBIT P3 TRUE COPY OF THE CHALAN DATED, 12-5-2023 EVIDENCING THE PAYMENT OF RS.1,26,720/- BEFORE THE 4TH RESPONDENT BY THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE CONSENT TO ESTABLISH FROM THE KERALA STATE POLLUTION CONTROL BOARD DATED, 17-3-2023.

EXHIBIT P5 A TRUE COPY OF THE ORDER OF NO-OBJECTION ISSUED BY THE 3RD RESPONDENT DATED, 12-10-2023.