Babu John vs State Of Kerala
2022 Latest Caselaw 8333 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                       WP(C) NO. 21376 OF 2020
PETITIONER:

            BABU JOHN
            S/O. V.M.JOHN, VAZHIPLACKAL HOUSE, NEDUMKUNNAM P.O.,
            KOTTAYAM DISTRICT-686 542
            BY ADV SANIL JOSE


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY, MINING AND GEOLOGY
            DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695 001
    2       THE DIRECTOR,
            MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY,
            KESAVADASAPURAM, PATTOM PALACE P.O.,
            THIRUVANANTHAPURAM-695 004
    3       THE GEOLOGIST,
            DISTRICT MINING AND GEOLOGY OFFICE,
            KOTTAYAM DISTRICT-686 002
    4       ADDL.R4 REVENUE DIVISIONAL OFFICER,
            REVENUE DIVISIONAL OFFICE, UNION CLUB ROAD,
            PUTHENANGADY, KOTTAYAM - 686 001
            [ADDL.R4 IS IMPLEADED AS PER ORDER DATED 08/06/2022 IN
            IA:2/2022 IN WP(C) 21376/2020]

            SRI.SYAMANTHAK B S, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21376 OF 2020

                                2




                             JUDGMENT

Dated this the 1st day of July, 2022

The petitioner, who is owner of more than 1 Acre of

property in Survey Nos.211/12, 211/11 and 211/2 of Block

No.19 of Nedumkunnam Village, Changanacherry Taluk of

Kottayam District, is before this Court seeking to direct the

3rd respondent-Geologist to consider and take appropriate

decision on Ext.P7 application within a time frame fixed by this

Court.

2. The petitioner states that the petitioner wanted to

remove granite stone blasted in the property of the petitioner,

for which he has made Ext.P7 application before the

3rd respondent-Geologist. It is for expeditious consideration of

Ext.P7 application that the petitioner has approached this

Court.

3. It is submitted on behalf of the respondents that in

view of Rule 104 of the Kerala Minor Mineral Concession WP(C) NO. 21376 OF 2020

Rules, a No Objection Certificate from the Revenue Divisional

Officer is required for grant of Transit Pass.

4. In view of the said situation, the petitioner has

submitted Ext.P8 application before the Revenue Divisional

Officer. The petitioner hence seeks a direction to consider and

pass orders on Ext.P8 also.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. The petitioner wants to remove blasted granite from

his property. The petitioner has submitted an application

before the Revenue Divisional Officer invoking Rule 104 of the

Kerala Minor Mineral Concession Rules, 2015. The petitioner

has also submitted application for Transit Pass before the 3 rd

respondent-Geologist. Both these applications being of

statutory nature, this Court is of the view that the competent

authorities shall consider the same and pass orders thereon,

within a reasonable time.

WP(C) NO. 21376 OF 2020

In the circumstances, the writ petition is disposed of

directing the additional 4th respondent-Revenue Divisional

Officer to consider Ext.P8 application for No Objection

Certificate submitted by the petitioner and pass appropriate

orders thereon within a period of two months. If the petitioner

produces No Objection Certificate, if any, granted by the

additional 4th respondent, the 3rd respondent-Geologist shall

take a decision on the application for Transit Pass submitted

by the petitioner, within a further period of one month.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO. 21376 OF 2020

APPENDIX OF WP(C) 21376/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 11.3.2019 OF THE PETITIONER'S PROPERTY ISSUED BY THE VILLAGE OFFICER, NEDUMKUNNAM EXHIBIT P2 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 20.4.2018 OF THE PETITIONER'S PROPERTY ISSUED BY THE VILLAGE OFFICER, NEDUMKUNNAM EXHIBIT P3 TRUE PHOTOCOPY OF THE PERMISSION TO CONSTRUCT POND DATED 13.2.2019 ISSUED BY THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, KOTTAYAM EXHIBIT P4 TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE DATED 6.3.2019 ISSUED BY THE SECRETARY, NEDUMKUNNAM GRAMA PANCHAYAT EXHIBIT P5 TRUE PHOTOCOPY OF THE DEVELOPMENT PERMIT DATED 7.3.2019 ISSUED BY THE SECRETARY, NEDUMKUNNAM GRAMA PANCHAYAT EXHIBIT P6 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 12.4.2019 IN WPC NO.9184/2019 OF THIS HON'BLE COURT EXHIBIT P7 TRUE PHOTOCOPY OF THE APPLICATION DATED 19.3.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT GEOLOGIST Exhibit P8 TRUE COPY OF THE APPLICATION DATED 24/12/2020 SUBMITTED UNDER RULE 104 OF THE KERALA MINOR MINERAL CONCESSION RULES, 2015 BEFORE THE ADDL. 4TH RESPONDENT Exhibit P8(A) TRUE COPY OF THE RECEIPT DATED 24/12/2020 ISSUED BY THE ADDITIONAL 4TH RESPONDENT RESPONDENT'S/S EXHIBITS : NIL