Ajith K. Cheriyan vs District Geologist
2021 Latest Caselaw 13364 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                          WP(C) NO. 11669 OF 2021
PETITIONER:

              AJITH K. CHERIYAN
              AGED 53 YEARS
              S/O. K.V.CHERIYAN, KANNUMPUTHOOR, AJI BHAVAN, CHENNEERKARA,
              PATHANAMTHITTA.

              BY ADVS.
              R.SUNIL KUMAR
              A.SALINI LAL



RESPONDENT:

              DISTRICT GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION,
              ARANMULA, PATHANAMTHITTA-689533.



              BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
             ==================
                 W. P. (C) No.11669 of 2021
             ==================
             Dated this the 28th day of June, 2021

                            JUDGMENT

For construction of a building in the property

of the petitioner, he obtained Exts.P1 and P2 Building Permit and Development Permit. Alleging

that the petitioner is not being issued with

mineral transit passes by the respondent-Geologist

for removal of earth in terms of the Development

Permit, the petitioner approached this Court in

W.P.(C) No.3609/2021. Pending the writ petition,

the Geologist conducted a site inspection and

reported that though as per the Development Permit

938.08 cubic meter earth was permitted to be

removed, the actual quantity excavated is much

more. The petitioner undertook before this Court

that he will pay penalty including royalty and

fine. Accordingly the writ petition was disposed of

directing the Geologist to consider the request and

pass appropriate orders.

W. P. (C) No.11669 of 2021

2. It appears that, pursuant to the judgment in

W.P.(C) No.3609/2021, the petitioner was required

to pay royalty and fine amounting to `8,92,720/-

for excavation conducted beyond the permitted

quantity. The petitioner has as per Ext.P4 paid the

royalty and fine imposed. Thereafter as per Ext.P5,

the petitioner was issued with 1071 mineral transit

passes for transport of 10712 MT of earth.

According to the petitioner, on account of the lock

down imposed consequent on the Covid-19 Pandemic,

and due to other related issues, out of the 1071

passes that were issued to the petitioner only 98

passes could be used. The remaining passes were

surrendered before the Geologist on 28.04.2021. Now

the petitioner seeks for renewal and re-issuance of

the remaining 973 passes.

3. Without expressing anything on the merits of

the claim, it is ordered that, if the petitioner

approaches the respondent and makes a request for

renewal and issuance of transit passes claimed to

have been surrendered by him as noticed above, the

respondent shall conduct site inspection, with W. P. (C) No.11669 of 2021

notice to the petitioner, and thereafter pass

appropriate orders on such request. Let orders be

passed within a period of six weeks from the date

of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 11669/2021

PETITIONER ANNEXURE

Exhibit P1 COPY OF THE BUILDING PERMIT.

Exhibit P2 COPY OF THE LAND DEVELOPMENT PERMIT.

Exhibit P3 COPY OF THE JUDGMENT IN WP(C) NO.3609/21 DATED 19.3.2021.

Exhibit P4 COPY OF THE CHELLAN DATED 13.4.21.

Exhibit P5 COPY OF THE ORDER OF THE RESPONDENT DATED 19.4.21.

Exhibit P6 COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE RESPONDENT DATED 28.4.21.

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