Yousuf I vs The District Geologist
2022 Latest Caselaw 6059 Ker

Citation : 2022 Latest Caselaw 6059 Ker
Judgement Date : 1 June, 2022

Kerala High Court

Yousuf I vs The District Geologist on 1 June, 2022

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                      WP(C) NO. 17709 OF 2022
PETITIONER:

          YOUSUF I.,
          AGED 55 YEARS,
          S/o.ISMAIL PILLAI RAWTHER,
          EATTIVILA VADAKKETHIL,
          EDATHARA, MANKODE P.O.,
          PATHANAPURAM, KOLLAM-689694

          REPRESENTED BY POWER OF ATTORNEY HOLDER
          DILEEP KHAN, S/O. HANEEFA RAWTHER,
          AGED 46 YEARS,
          ISHA MANZIL,
          POOKALANJI, MANKODE P.O.,
          PATHANAPURAM,
          KOLLAM, PIN - 689694

          BY ADV ABHILASH S.FRANCIS


RESPONDENT:

          THE DISTRICT GEOLOGIST,
          DEPARTMENT OF MINING AND GEOLOGY,
          PATHANAMTHITTA DISTRICT, PIN - 691523

          SMT.SURYA BINOY B., SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.17709/2022

                                  2




                          JUDGMENT

Dated this the 1st day of June, 2022

The petitioner, who has obtained Ext.P3 Building

Permit from the Local Self Government Authorities for

construction of a residential Building, is before this Court

seeking to direct the respondent to consider Ext.P4

application for issuance of Transit Pass without any delay.

2. The petitioner states that he proposes to

construct a residential house and obtained Building Permit

as evidenced by Ext.P3. The petitioner requires removal of

earth for the construction of house. Therefore, the

petitioner submitted Ext.P5 application to the Geologist for

issuance of Transit Pass. The Geologist has not passed

any orders on Ext.P5, contends the petitioner. WP(C)No.17709/2022

3. The learned Government Pleader entered

appearance and resisted the writ petition. The learned

Government Pleader pointed out that as per Ext.P6 receipt,

the petitioner was informed that a decision on the

application has to be taken within 90 days. Therefore, the

petitioner has to wait for a decision on his application.

4. Heard the learned counsel for the petitioner and

the learned Government Pleader representing the

respondent.

5. The petitioner wants to construct a residential

house and has obtained Building Permit on 27.04.2022.

The petitioner requires transit pass issued under the Kerala

Minor Mineral Concession Rules, 2015 to commence the

construction. The petitioner has submitted Ext.P5

application. Ext.P5 application is a statutory application and

therefore the respondent has to consider the application

expeditiously.

In the facts and circumstances of the case, the

writ petition is disposed of directing the respondent to

consider Ext.P5 application submitted by the petitioner and

take appropriate decision thereon, within a period of 90

days.

Sd/-

APPENDIX OF WP(C) 17709/2022

PETITIONER's EXHIBITS:

    Exhibit-P1           TRUE COPY OF THE LAND TAX RECEIPT
                         DATED    23.06.2021     ISSUED     BY  THE

VILLAGE OFFICER, KALANJOOR VILLAGE Exhibit-P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 03.03.2022 ISSUED FROM THE VILLAGE OFFICE, KALANJOOR Exhibit-P3 TRUE COPY OF THE BUILDING PERMIT NO.

A2-BA(140621)/2022 DATED 28.04.22 ISSUED BY THE SECRETARY, KALANJOOR GRAMA PANCHAYAT Exhibit-P4 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 04.05.2022 Exhibit-P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 04.05.22 Exhibit-P6 TRUE COPY OF THE RECEIPT OF APPLICATION ISSUED FROM THE DISTRICT OFFICE, MINING AND GEOLOGY, PATHANAMTHITTA DATED 04.05.2022