Mathew Joseph vs The State Of Kerala
2022 Latest Caselaw 7533 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                         WP(C) NO. 20136 OF 2022
PETITIONER:

              MATHEW JOSEPH,
              AGED 56 YEARS
              S/O. JOSEPH, VADAKKEPARAMBIL VEETIL, NEDUKUNNAM P.O.,
              KARUKACHAL, NEDUKUNNAM VILLAGE, CHANGANASSERY TALUK,
              KOTTAYAM DISTRICT-686540.
              BY ADVS.
              AJITH MURALI
              MOHANAN M.K.


RESPONDENTS:

     1        THE STATE OF KERALA,
              REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA,
              SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2        THE DISTRICT COLLECTOR,
              KOTTAYAM, KOTTAYAM DISTRICT-686001.
     3        THE VILLAGE OFFICER,
              NEDUKUNNAM VILLAGE, CHANGANASSERY TALUK,
              KOTTAYAM DISTRICT-686540.
     4        THE SECRETARY,
              NEDUKUNNAM GRAMA PANCHAYATH, NEDUKUNNAM P.O.,
              KOTTAYAM DISTRICT.
     5        THE SENIOR GEOLOGIST,
              DEPARTMENT OF MINING AND GEOLOGY,
              OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY, KOTTAYAM,
              KOTTAYAM DISTRICT-686002.


              SR. G.P.SRI.SYAMANTHAK B


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20136 OF 2022

                                2




                             JUDGMENT

Dated this the 24th day of June, 2022

The petitioner, who intends to construct a residential

building in Nedumkunnam Village of Kottayam District, has

approached this Court seeking to command the 5 th respondent

to consider Ext.P4 renewal application and renew Ext.P2

Transit permit for transportation of minerals.

2. The petitioner states that he is in possession of

21.6732 Ares of landed property in Re-Survey No.160/3 in

Block No.17 of Nedumkunnam Village, Kottayam District. In

order to facilitate construction of a building, the petitioner

submitted an application before the 4th respondent for Building

Permit. For construction, earth has to be removed from the

property for which a Transit Permit under the Provisions of the

Kerala Minor Mineral Concession Rules is required. The

petitioner submitted an application for Transit Permit, which WP(C) NO. 20136 OF 2022

was granted by the 5th respondent on 20.04.2022 as per

Ext.P2.

3. The petitioner states that he has paid an amount of

`1,99,394/- as royalty to the 5 th respondent. However, in spite

of payment of royalty, the 5th respondent is not issuing Transit

Permit. During the course of time, the period of Transit Permit

also expired. The petitioner, thereupon, submitted Ext.P4

application before the 5th respondent seeking to renew the

Transit Permit. Ext.P4 has not been heeded to by the 5 th

respondent. The petitioner is therefore before this Court.

4. The Government Pleader entered appearance on

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

petition. The Government Pleader denied all the allegations

made by the petitioner in the writ petition. It is submitted that

since the petitioner has already been issued Ext.P2 Permit,

Ext.P4 application of the petitioner for renewal of the Permit

can be considered in accordance with law, if the same is

received and supported by all requisite documents. WP(C) NO. 20136 OF 2022

5. Heard the learned counsel for the petitioner and the

learned Government Pleader representing respondents 1 to 3

and 5.

6. The petitioner has already been granted Transit

Permit as per Ext.P2 proceedings dated 20.04.2022.

According to the petitioner, due to the delay in issuing Transit

Pass, the petitioner could not carry out the requisite work. It is

in such circumstances that the petitioner has submitted Ext.P4

application.

In the facts and circumstances of the case, the writ

petition is disposed of directing the 5th respondent to consider

Ext.P4 application submitted by the petitioner and take

appropriate decision thereon in accordance with law, within a

period of three weeks.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO. 20136 OF 2022

APPENDIX OF WP(C) 20136/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE BUILDING PERMIT NO. A2-BA(57625) /2022 DATED 21/01/2022 ISSUED BY THE 4TH RESPONDENT NEDUKUNNAM PANCHAYATH.

Exhibit P2 THE TRUE COPY OF THE PERMIT ORDER NO.

116/2022-2023/703/DOY/ML/2022 DATED 20/04/2022 ISSUED BY THE 5TH RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE CHELLAN DATED 11/04/2022 ISSUED BY THE 5TH RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE APPLICATION FOR RENEWAL OF EXHIBIT P2 PERMIT SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL