Rahim.S vs The Director
2021 Latest Caselaw 10386 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                       WP(C).No.7971 OF 2021(V)


PETITIONERS:
      1        RAHIM.S
               AGED 41 YEARS
               S/O SHAHIDA BEEVI,CHARUVILA
               HOUSE,ELANJARA,THADICADU.P.O,
               KOLLAM DISTRICT-691305.

      2        ANCY, AGED 31 YEARS, W/O.RAHIM S, CHARUVILA HOUSE,
               ELANJARA, THADICADU PO, KOLLAM DISTRICT - 691305

               BY ADVS.
               SRI.ARUN MATHEW VADAKKAN
               SRI.K.X.JOSEPH
               SHRI.GERRY DOUGLES S.
               SHRI.DON PAUL
               SHRI.BIPIN.K.S
               SHRI.ATHUL K.R.
               SHRI.ABDUL RASHIQ A.

RESPONDENTS:

      1        THE DIRECTOR, DEPARTMENT OF MINING AND GEOLOGY
               KESAVADASAPURAM, PATTAM PALACE PO,
               THIRUVANANTHAPURAM-695004

      2        THE GEOLOGIST,
               DISTRICT OFFICE,DEPARTMENT OF MINING AND
               GEOLOGY,KESAVANIKETHAN,
               ASRAMAM,KOLLAM-691002.

      3        THE ASSISTANT GEOLOGIST,
               DISTRICT OFFICE,DEPARTMENT OF MINING AND
               GEOLOGY,KESAVANIKETAN,
               ASRAMAM,KOLLAM-691002.

               BY ADV.SRI.RAVIKRISHNAN, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7971 OF 2021(V)

                                       2




                           W.P.(C) No.7971 of 2021
                   -------------------------------------------


                               JUDGMENT

Ext.P8 is an application preferred by the petitioners invoking

the proviso to Rule 14(2) of the Kerala Minor Mineral Concession Rules,

2015, seeking permission to issue mineral transit passes on the

strength of Exts.P4 and P5 permits granted by Edamulackal Grama

Panchayat. The grievance voiced by the petitioners in the writ petition

concerns the delay on the part of the second respondent in dealing

with Ext.P8 application.

2. Heard the learned counsel for the petitioners as also

the learned Government Pleader.

3. Having regard to the facts and circumstances of the

case, I deem it appropriate to dispose of the writ petition directing the

second respondent to consider and pass orders on Ext.P8 application

with notice to the petitioners, within one month. Ordered accordingly.

Sd/-

                                                 P.B.SURESH KUMAR

Mn                                                      JUDGE
 WP(C).No.7971 OF 2021(V)





                               APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE LAND TAX RECEIPT DATED

13.07.2020 ISSUED BY VILLAGE OFFICE,ARAKKAL VILLAGE,.PUNALUR TALUK

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 13.07.2020 ISSUED BY VILLAGE OFFICER,ARAKKAL VILLAGE,PUNALUR TALUK

EXHIBIT P3 TRUE COPY OF THE LOCATION SKETCH DATED 14.08.2020 NUMBERED AS NO.207/2020 ISSUED BY VILLAGE OFFICER,ARAKKAL VILLAGE, PUNALUR TALUK

EXHIBIT P4 TRUE COPY OF THE SITE APROVAL AND BUILDIN PERMIT ISSUED TO THE PETITIONERS BY THE EDAMULACKAL GRAMA PANCHAYATH DATED 08.09.2020

EXHIBIT P5 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED TO THE PETITIONERS BY THE EDAMULACKAL GRAMA PANCHAYATH DATED 08.09.2020

EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT EXECUTED BY TEH PETITIONERS BEFORE THE 2ND RESPONDENT DATED 22.09.2020

EXHIBIT P7 TRUE COPY OF THE REPORT DATED 18.09.2020 BY THE VILLAGE OFFICER,ARAKKAL VILLAGE TO THE 2ND RESPONDENT

EXHIBIT P8 TRUE COPY OF THE APPLICATION BY THE PETITIONER FOR GRANTING PERMIT FOR EARTH REMOVING DATED 23.09.2020 SUBMITTED TO THE 2ND RESPONDENT.

//TRUE COPY// PA TO JUDGE