John Rafi vs The Revenue Divisional Officer
2021 Latest Caselaw 9688 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       WP(C).No.7400 OF 2021(Y)


PETITIONER:

               JOHN RAFI
               AGED 51 YEARS
               S/O. JOSEPH, KANJIRATHINGAL HOUSE, MULLASSERY P.O.,
               MULLASSERY VILLAGE, CHAVAKKAD TALUK,
               THRISSUR DISTRICT.

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        THE REVENUE DIVISIONAL OFFICER,
               THRISSUR, THRISSUR DISTRICT-680001.

      2        THE DIRECTOR,
               MINING AND GEOLOGY, OFFICE OF THE MINING AND
               GEOLOGY, KESAVADASAPURAM, PATTAM,
               THIRUVANANTHAPURAM-695001.

      3        THE DISTRICT GEOLOGIST,
               DEPARTMENT OF MING AND GEOLOGY,
               THRISSUR DISTRICT-686002.

      4        THE PRINCIPAL SECRETARY TO GOVERNMENT,
               INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

      5        THE STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

               BY GOVT. PLEADER SRI.RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 SATHISH NINAN, J.
       ==================
            W. P. (C) No.7400 of 2021
       ==================
       Dated this the 23rd day of March, 2021

                      JUDGMENT

Ext.P3 application has been submitted by the

petitioner before the first respondent seeking

issuance of a 'No Objection Certificate' in order

to seek for issuance of transit permit and pass.

The requirement is for removal of ordinary earth

from a pond proposed to be dug in the property. The

petitioner maintains that the activity of the

petitioner falls under Section 104 of the Kerala

Minor Mineral Concession Rules 2015 and therefore

no quarrying permit is required but special transit

permit and pass are required for transportation of

the ordinary earth from the site. W. P. (C) No.7400 of 2021

The writ petition is disposed of directing the

first respondent to consider Ext.P3 application in

the light of Rule 104 of the Kerala Minor Mineral

Concession Rules 2015 and pass orders thereon as

expeditiously as possible, and at any rate within a

period of two months from the date of receipt of a

copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.7400 OF 2021(Y)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OF PETITIONER DATED 02/02/2021.

EXHIBIT P2 TRUE COPY OF GO(P) NO.16/2020/ID DATED 12/06/2020.

EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 10/02/2021.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 05/01/2021 IN WPC NO.113/2021.

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