Binu Thomas vs The Director
2021 Latest Caselaw 8075 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

    TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                        WP(C).No.6128 OF 2021(M)


PETITIONER/S:

                BINU THOMAS,
                AGED 46 YEARS, S/O.THOMAS,
                VADAKKEVILA HOUSE,
                PODIYATTUVILA PO,
                KOLLAM DISTRICT-691 532.

                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.

RESPONDENT/S:

      1         THE DIRECTOR,
                DEPARTMENT OF MINING AND GEOLOGY
                KESAVADASAPURAM, PATTAM PALACE PO.,
                THIRUVANANTHAPURAM - 695 004.

      2         THE GEOLOGIST,
                DISTRICT OFFICE,
                DEPARTMENT OF MINING AND GEOLOGY,
                KESAVANIKETHAN, ASRAMAM,
                KOLLAM -691 002.

      3         THE ASSISTANT GEOLOGIST,
                DISTRICT OFFICE,
                DEPARTMENT OF MINING AND GEOLOGY,
                KESAVANIKETHAN, ASRAMAM,
                KOLLAM -691 002.

                BY SRI.RAVIKRISHNAN, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.6128 of 2021
                                                 2




                                   W.P.(C)No.6128 of 2021

                           -----------------------------------------------

                                           JUDGMENT

Ext.P8 is the application preferred by the petitioner invoking

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

for mineral transit pass in terms of Kerala Minerals (Prevention of

illegal mining, storage and transportation) Rules, 2015. The grievance

of the petitioner in the writ petition concerns the delay on the part of

the second respondent in passing orders on Ext.P8 application. The

petitioner therefore, seeks appropriate directions in this regard in the

writ petition.

2. Heard the learned counsel for the petitioner as also

the learned Government Pleader.

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. Ordered

accordingly. This shall be done within two weeks.

Sd/-

P.B.SURESH KUMAR, JUDGE rkj W.P.(C)No.6128 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 9.6.2020 ISSUED BY VILLAGE OFFICE, ARAKKAL VILLAGE, PUNALUR TALUK.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 11.9.2020 ISSUED BY VILLAGE OFFICER, ARAKKAL VILLAGE, PUNALUR TALUK.

EXHIBIT P3 TRUE COPY OF THE LOCATION SKETCH DATED 1.10.2020 NUMBERED AS NO.362/20 ISSUED BY VILLAGE OFFICER, ARAKKAL VILLAGE, PUNALUR TALUK.

EXHIBIT P4 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED TO THE PETITIONER BY THE EDAMULACKAL GRAMA PANCHAYATH, DATED 9.11.2020

EXHIBIT P5 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED TO THE PETITIONER BY THE EDAMULACKAL GRAMA PANCHAYATH DATED 9.11.2020

EXHIBIT P6 TRUE COY OF THE AFFIDAVIT EXECUTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 8.1.2021

EXHIBIT P7 TRUE COPY OF THE REPORT DATED 6.1.2021 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 8.1.2021 SUBMITTED TO THE 2ND RESPONDENT.