Siyad .M.A vs Director Of Mining And Geology
2021 Latest Caselaw 23724 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                        WP(C) NO. 25997 OF 2021
PETITIONER:

          SIYAD .M.A.
          AGED 39 YEARS
          S/O. AHAMMEDKUTTY, MEZHUKKATTIL HOUSE, EDATHALA NORTH,
          EDATHALA P.O., 683561, ALUVA.

          BY ADVS.
          SRI.V.RAJENDRAN PERUMBAVOOR
          SRI.N.RAJESH
          SRI.GOPAKUMAR P.


RESPONDENTS:

    1     DIRECTOR OF MINING AND GEOLOGY
          DEPARTMENT OF MINING & GEOLOGY, KESAVADASAPURAM,
          PATTOM, PALACE P.O., THIRUVANANTHAPURAM-695 004.

    2     CHIEF GEOLOGIST
          ERNAKULAM, CIVIL STATION, KAKKANAD-682030.

    3     S.I. OF POLICE MUVATTUPUZHA
          MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT-686 661

          SRI.JACOB E SIMON, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25997 OF 2021

                                      2




                               JUDGMENT

It is submitted by the learned counsel for the petitioner that the

petitioner has approached the 2nd respondent with Ext.P5 representation

seeking release of the vehicle to the petitioner. It is the specific

contention of the petitioner that the vehicle was transporting only

building waste which was generated on the demolition of a building

and that there is no violation of the Minor Minerals (Development and

Regulation) Act or the Rules made thereunder.

2. Having heard the learned Government Pleader also, I am of the

opinion that since the issue is essentially factual in nature, it is for the

2nd respondent to take an appropriate decision on Ext.P5 representation.

3. There will, accordingly, be a direction to the 2 nd respondent to

take up, consider and pass orders on Ext.P5 representation preferred by

the petitioner, with notice to the petitioner and after hearing him,

through any appropriate means, including video conferencing,

immediately, without delay.

WP(C) NO. 25997 OF 2021

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 25997 OF 2021

APPENDIX OF WP(C) 25997/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF REGISTRATION CERTIFICATE OF VEHICLE BEARING NO.KL 08 BK 8020 ISSUED BY REGISTERING AUTHORITY ALUVA ON 3.11.2016.

Exhibit P2 TRUE COPY OF PERMIT OF THE VEHICLE OF THE PETITIONER ISSUED ON 16.7.21.

Exhibit P3 3 PHOTOGRAPHS SHOWING THE DEMOLITION AND LOADING OF THE BUILDING AND BUILDING WASTE IN THE LORRY OF THE PETITIONER (3 IN NUMBERS).

Exhibit P4 TRUE COPY OF INTIMATION GIVEN BY THE IST RESPONDENT TO THE STATION HOUSE OFFICER, VARKALA POLICE STATION ON 27.8.19 BEARING NO.8089/M3/2019 WITH A READABLE COMPUTER TYPED COPY.

Exhibit P5 TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 17.11.21.

RESPONDENTS' EXHIBITS: NIL