P.S Chacko vs State Of Kerala
2022 Latest Caselaw 9044 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                       WP(C) NO. 24348 OF 2022
PETITIONER

               P.S CHACKO
               AGED 88 YEARS
               S/O. SAMUEL, PUTHUPARAMBIL HOUSE, RANNY P.O.,
               VARAVOOR, RANNY, PATHANAMTHITTA DISTRICT,
               PIN-689 674.
               BY ADVS.
               E.S.ASHRAF
               K.S.KARUNAMOL


RESPONDENTS:

    1          STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               MINING AND GEOLOGY DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001
    2          THE DISTRICT COLLECTOR,
               COLLECTORATE, PATHANAMTHITTA P.O.,
               PATHANAMTHITA DISTRICT,PIN-689 645
    3          THE GEOLOGIST,
               DISTRICT OFFICE OF THE MINING AND GEOLOGY
               DEPARTMENT, ADOOR, PATHANAMTHITA DISTRICT
               PIN 691523
    4          THE SECRETARY
               RANNY-ANGADI GRAMAPANCHAYAT, ANGADI P.O
               RANNY TALUK, PATHANAMTHITA DISTRICT
               PIN 689674
               SRI.SYAMANTHAK.B.S.-GOVERNMENT PLEADER
        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   27.07.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.24348 of 2022         2
]


                    JUDGMENT

Dated this the 27th day of July, 2022

The petitioner, who is owner of 6.8 Ares of

property in Re-survey No.371/3-2 of Ranny Village of

Ranny Taluk in Pathanamthitta District, has filed this

writ petition seeking to direct the 3 rd respondent to

issue Mineral Transit Pass to the petitioner.

2. The petitioner is owner of 6.8 Ares of

property. The petitioner desires to construct a building

in the property. The petitioner therefore approached the

Local Self Government Institution 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

respondent-Geologist seeking to issue Mineral Transit

Pass to the petitioner for transportation of ordinary

] earth.

4. Though the application for Mineral Transit

Pass was submitted on 23.07.2022, the 3 rd respondent

did not accept and consider the same. Unless the 3 rd

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 the respondent 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 respondents, it is submitted

that a large number of applications for Mineral Transit

Passes are pending consideration before the 3 rd

respondent. Issuance of Mineral Transit Passes would

require due verification of the credibility of application

] and may involve Site Visits also. Considering the work

load in the office of the 3 rd 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 submits application

supported by all requisite documents, the same can be

considered in accordance with law.

8. Heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

9. The petitioner wants to construct a building

in his 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 requires Mineral Transit Pass

and has submitted an application for the same. The 3 rd

] respondent did not accept the application.

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 3rd respondent to accept and consider

Ext.P3 application submitted by the petitioner and pass

] appropriate orders thereon, in accordance with law, as

expeditiously as possible and at any rate, within a

period of two months.

Sd/-

N. NAGARESH, JUDGE smm/ 27.07.2022

]

APPENDIX OF WP(C) 24348/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 09/05/2022 ISSUED BY THE THIRD RESPONDENT IN RESPECT OF THE PETITIONER'S PROPERTY Exhibit P2 TRUE COPY OF THE BUILDING PERMIT DATED 15/07/2022 ISSUED BY THE RANNY PANCHAYAT Exhibit P3 TRUE COPY OF THE APPLICATION DATED 23/07/2022 SUBMITTED BEFORE THE 3RD RESPONDENT.