Vipin Das vs State Of Kerala
2021 Latest Caselaw 12064 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

     FRIDAY, THE 16TH DAY OF APRIL 2021 / 26TH CHAITHRA, 1943

                        WP(C).No.8773 OF 2021(V)


PETITIONER/S:

                VIPIN DAS
                S/O MUKUNDAN,
                KOMATHU HOUSE,
                NANTHIKKARA, THRISSUR.

                BY ADVS.
                SRI.SUNIL JACOB JOSE
                SRI.SACHIN JACOB AMBAT

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
                INDUSTRIES (A) DEPARTMENT,
                SECRETARIAT,
                THIRUVANANTHAPURAM-695001.

      2         THE DIRECTOR
                (MINING AND GEOLOGY,( DIRECTORATE OF MINING AND
                GEOLOGY, KESAVADASAPURAM,
                PATTOM PALACE P.O, THIRUVANANTHAPURAM-695004.

      3         THE ADDITIONAL DIRECTOR,
                DIRECTORATE OF MINING AND GEOLOGY,
                KESAVDASAPURAM, PATTOM PALACE P.O,
                THIRUVANANTHAPURAM-695004.

      4         THE REVENUE DIVISIONAL OFFICER,
                REVENUE DIVISIONAL OFFICE,
                CIVIL STATION ANNEX,
                CHEMMANDA ROAD,
                IRINJALAKUDA, PIN-680125.

      5         SENIOR GEOLOGIST
                DEPARTMENT OF MINING AND GEOLOGY,
                DISTRICT OFFICE, MINI CIVIL STATION,
                CHEMBUKKAVU, THRISSUR-20.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8773 OF 2021(V)          ..2..




                             JUDGMENT

Dated this the 16th day of April 2021

The petitione has approached the 4 th respondent with

application dated 12.01.2021, seeking permission to remove

extracted clay for the purpose of conducting fish farm in

2.55acres of land comprised in Sy.No.47, 67/2, 70/2, 71/1, 53/2

and 53/4 by virtue of the benefits of the amendment

incorporated in the Kerala Minor Mineral Concession Rules

2015 (for brevity 'the Rules'). On the basis of the said

application, the 4th respondent called for a report from the

concerned Village Officer and pursuant to the report, the

petitioner submitted an application dated 01.02.2021 before

the 5th respondent with all stipulated documents requesting

the 5th respondent to forward the same to the 2nd respondent

for onward transmission to the 1st respondent for issuance of

special permission as provided for under Rule 104 as amended

in the Rules. The petitioner prays for a direction to the 3rd

respondent to forward the said application to the 1 st

respondent for orders.

WP(C).No.8773 OF 2021(V) ..3..

2. The petitioner's application for special permission to

remove the clay accumulated in the property forwarded by the

5th respondent to the 3rd respondent shall be forwarded by the

3rd respondent with all enclosures for the consideration by the

1st respondent within a period of two weeks from the date of

receipt of a copy of this judgment and the 1st respondent shall

consider the said application and pass appropriate orders

thereon within one month thereafter.

The writ petition is disposed of as above.

Sd/-

                                MURALI PURUSHOTHAMAN
    SB                                  JUDGE
 WP(C).No.8773 OF 2021(V)         ..4..




                           APPENDIX
    PETITIONER'S/S EXHIBITS:

    EXHIBIT P1         PHOTOCOPY OF THE ORDER NO.B2-

9712/2020/D.DIS DATED 9/10/2020 OF THE 4TH RESPONDENT.

EXHIBIT P2 PHOTOCOPY OF THE NOTIFICATION G.O(P) NO.16/2020/ID DATED 12/6/2020 IN KERALA GAZETTE DATED 12/06/2020.

EXHIBIT P3 PHOTOCOPY OF THE COMMUNICATION D3-

774/2021 DATED 29/01/2021 OF THE 4TH RESPONDENT ADDRESSED TO THE 5TH RESPONDENT.

EXHIBIT P4 PHOTOCOPY OF THE LETTER NO.245/C2/TDO/2021 DATED 16/2/2021 OF THE 5TH RESPONDENT ADDRESSED TO THE 2ND RESPONDENT.

EXHIBIT P5 PHOTOCOPY OF THE LETTER NO.2364/M1/2021 DATED 16/3/2021 ADDRESSED TO THE 5TH RESPONDENT BY THE 2ND RESPONDENT.

EXHIBIT P6 PHOTOGRAPHS OF THE PROPERTY.

//true copy //

P.A To Judge