Prasanna Kumary vs State Of Kerala
2022 Latest Caselaw 7689 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
 TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                       WP(C) NO. 20446 OF 2022
PETITIONERS
    1    PRASANNA KUMARY
         AGED 52 YEARS
         W/O. GOPAKUMAR, PUTHUPPARAMBIL VEETIL, RANNI
         P.O, RANNY VILLAGE, RANNY TALUK, PATHANAMTHITTA
         DISTRICT, PIN - 689672.
    2    GOPAKUMAR
         AGED 54 YEARS
         S/O. GOPI, PUTHUPPARAMBIL VEETIL, RANNI P.O,
         RANNY VILLAGE, RANNY TALUK, PATHANAMTHITTA
         DISTRICT, PIN - 689672.
         BY ADVS.
         AJITH MURALI
         MOHANAN M.K.
RESPONDENTS

    1          STATE OF KERALA
               REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF
               KERALA, SECRETARIAT, THIRUVANANTHAPURAM -
               695001.
    2          THE DISTRICT COLLECTOR
               PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN -
               689645.
    3          THE CHAIRPERSON,
               DISTRICT DISASTER MANAGEMENT AUTHORITY,
               PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN -
               689645.
    4          THE REVENUE DIVISIONAL OFFICER,
               RDO OFFICE, RANNI TALUK, PATHANAMTHITTA
               DISTRICT, PIN - 689672.
    5          THE SENIOR GEOLOGIST
               DEPARTMENT OF MINING AND GEOLOGY, ARANMULA,
               PATHANAMTHITTA DISTRICT, PIN - 689645.
               SRI. SYAMANTHAK, GP
        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   28.06.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.20446 of 2022          :2:

                           JUDGMENT

Dated this the 28th day of June, 2022

The petitioners, who are husband and wife, holding a

title to 8.20 Acres of property in Re-Survey No.191/15 of

Ranni Village at Pathanamthitta District, have approached

this Court seeking to direct the 5 th respondent to consider

Ext.P7 representation and renew Ext.P6 Permit Order and

extend the time granted for transportation of red earth.

2. The petitioners state that they have submitted an

application before the 3rd respondent-Chairperson of the

District Disaster Management Authority and the said

authority, after considering the application and report of the

Revenue authority, has issued Ext.P3, enabling the

petitioners to remove red earth from the area. The petitioners

thereafter submitted Ext.P7 application before the 5 th

respondent seeking to permit them to remove and transport

400 cubic metres of red earth. The 5 th respondent has not

passed any orders on Ext.P7 so far.

3. The Government Pleader entered appearance and

resisted the writ petition. The Government Pleader

controverted all material allegations made by the petitioner in

the writ petition. The Government Pleader, however,

submitted that since Ext.P7 has been submitted by the

petitioner for compliance of the provisions of the Kerala

Minor Mineral Concession Rules, the application can be

considered by the 5th respondent in accordance with law, if

such application is received, supported by all requisite

documents.

. In view of the above, the writ petition is disposed of

directing the 5th respondent to consider Ext.P7 application

submitted by the petitioner and take a decision thereon,

within a period of one month, if the said Ext.P7 is received

along with all supporting documents, if any, required and is

pending before the 5th respondent.

Sd/-

N. NAGARESH, JUDGE

smm/ 29.06.2022

APPENDIX OF WP(C) 20446/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE RESPONDENT 4 AND 5 DATED 13.08.2021.

Exhibit P2 THE TRUE COPY OF THE REPORT PREPARED BY THE 4TH RESPONDENT DATED 14.02.2022.

Exhibit P3 THE TRUE COPY PERMISSION ORDER NO.

DCPTA/2751/2021-DM5 DATED 06.04.2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE PERMIT ORDER NO.

65/2022-23/1904/DOPTA/M/2021 ISSUED BY THE 5TH RESPONDENT DATED 26.04.2022. Exhibit P5 THE TRUE COPY ORDER IN WP(C) NO.

15328/2022 OF THIS HONOURABLE COURT DATED 19.05.2022.

Exhibit P6 THE TRUE COPY OF THE PERMIT ORDER NO.

145/2022-23/1904/DOPTA/M/2021 ISSUED BY THE 5TH RESPONDENT DATED 24.05.2022.

Exhibit P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT DATED 26.05.2022.