Sumi S vs State Of Kerala
2022 Latest Caselaw 12091 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
     THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                        WP(C) NO. 42131 OF 2022
PETITIONER

             SUMI S
             AGED 49 YEARS
             W/O.SHEREEF, CHIRAYIL VEEDU, MANGARAM P.O
             PANDALAM P.O, PANDALAM, ADOOR TALUK
             PATHANAMTHITTA DISTRICT, PIN 689501
             BY ADVS.
             AJITH MURALI
             MOHANAN M.K.


RESPONDENT/S:

1            STATE OF KERALA,REPRESENTED BY CHIEF SECRETARY
             GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-
             695001

2            THE DISTRICT COLLECTOR, PATHANAMTHITTA, PATHANAMTHITTA
             DISTRICT, PIN 689 645
3            THE VILLAGE OFFICER, KURAMPLALA VILLAGE
             PANDATLAM, ADOOR TALU, PATHANAMTHITTA DISTRICT, PIN
             689501
4            THE SECRETARY, PANDALAM MUNICIPALITY,PANDALAM PO
             ADDOR TALUK, PATHANAMTHITTA DISTRICT, PIN 689501
5            THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY
             OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY, ADOOR
              PATHANAMTHITTA DISTRICT, PIN 691523

             SMT.VIDYA KURIAKOSE-GP
             SMT.T.S.MAYA (SC)-R4


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.42131 OF 2022
                                      2




                          JUDGMENT

Dated this the 22nd day of December, 2022

The petitioner, who is owner of 7.63 Ares of property in

Re-survey No.392/27-1 in Block No.3 of Kurampala Village of

Adoor Taluk in Pathanamthitta District, has filed this writ

petition seeking to direct the 5th respondent to issue Mineral

Transit Pass to the petitioner.

2. The petitioner is owner of 7.63 Ares of property. The

petitioner desires to construct a building in the property. The

petitioner therefore approached the Pandalam Municipality and

has obtained a Building Permit.

3. Construction of the building requires levelling of land

and removal of ordinary earth. The petitioner therefore

submitted Ext.P3 application to the 5th respondent-Senior

Geologist seeking to issue Mineral Transit Pass to the WP(C) NO.42131 OF 2022

petitioner for transportation of ordinary earth.

4. Though the application for Mineral Transit Pass was

submitted on 19.12.2022, the 5th respondent has not

considered the same. Unless the 5th respondent considers the

application expeditiously and issues Mineral Transit Pass at

the earliest, the petitioner will be put to untold hardship and

financial loss, contends the petitioner.

5. The Government Pleader entered appearance on

behalf of respondents 1 to 3 and 5 and defended the writ

petition. The Government Pleader controverted all material

allegations made by the petitioner, in the writ petition.

6. On behalf of the 5th respondent, it is submitted that a

large number of applications for Mineral Transit Passes are

pending consideration before the 5th respondent. Issuance of

Mineral Transit Passes would require due verification of the

credibility of application and may involve Site Visits also. WP(C) NO.42131 OF 2022

Considering the work load in the office of the 5th respondent, at

least three months time is required to take a decision on such

applications.

7. The Government Pleader submitted that application

for Mineral Transit Pass being a statutory application, if the

petitioner has submitted application supported by all requisite

documents, the same can be considered in accordance with

law.

8. Heard the learned counsel for the petitioner, the

learned Government Pleader representing respondents 1 to 3

and 5 and the learned Standing Counsel representing the 4 th

respondent.

9. The petitioner wants to construct a building in her

property and has obtained a Building Permit. Construction of

the building would require levelling of land and removal and

transportation of ordinary earth. The petitioner therefore WP(C) NO.42131 OF 2022

requires Mineral Transit Pass and has submitted an application

for the same.

10. Rule 26(4) of the Kerala Minerals (Prevention of

Illegal Mining, Storage and Transportation) Rules, 2015

declares that any consignment of minerals without a valid

Transit Pass shall be considered as illicit and the competent

authority and authorised officer may recover the mineral from

the person and also seize the receptacles in which the same is

found and the carrier used in carrying the same.

11. The application submitted by the petitioner for

Mineral Transit Pass therefore is a statutory requirement. The

competent authority therefore is bound to consider the

application in accordance with law within a reasonable time.

The writ petition is therefore disposed of directing

the 5th respondent-Senior Geologist to consider Ext.P3

application filed by the petitioner and take appropriate decision WP(C) NO.42131 OF 2022

thereon in accordance with law, as expeditiously as possible

and at any rate, within a period of three months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.42131 OF 2022

APPENDIX OF WP(C) 42131/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 13.12.2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE BUILDING PERMIT NO. NO. NO.BA-128/2022-2023 DATED 22.11.2022 ISSUED BY THE 4TH RESPONDENT MUNICIPALITY.

Exhibit P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 19.12.2022