G. Prakash vs The District Geologist
2022 Latest Caselaw 3265 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
         FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                         WP(C) NO. 21885 OF 2020
PETITIONER:

              G. PRAKASH
              AGED 47 YEARS, S/O. GOPALAKRISHNA PILLAI,
              AYYAPPAS, MANJALLUR, PATHANAPURAM P. O.,
              KOLLAM DISTRICT, PIN - 689 695.

              BY ADVS.
              SRI.C.S.MANU
              SRI.S.K.PREMRAJ
              SRI.T.B.SIVAPRASAD
              SRI.C.A.ANUPAMAN
              SRI.C.Y.VIJAY KUMAR
              SMT.MANJU E.R.
              SRI.ANANDHU SATHEESH


RESPONDENTS:

     1        THE DISTRICT GEOLOGIST
              MINING AND GEOLOGY DEPARTMENT,
              DISTRICT OFFICE, ASRAMAM, KOLLAM, PIN - 691 008.

     2        STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
              INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695 001.

              *ADDDL. R3 IMPLEADED

 ADDL. R3     VIJAYAMMA KOMALAN,
              W/O.KOMALAN, AGED 56, KARTHIKA,
              PIRAVANTHOOR P.O., KOLLAM DISTRICT 689696
              *ADDL. R3 IS IMPLEADED AS PER ORDER DATED 18.03.2022 IN
              I.A.NO.2 OF 2021

              BY ADV SAIPOOJA SRI.B.S.SYAMANTHAK, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21885 OF 2020
                                   2




                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No. 21885 of 2020
               --------------------------------------------
                Dated this the 18th day of March, 2022

                              JUDGMENT

The prayer in this writ petition is for a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P3

application granting and issuing necessary Mineral Transit Passes for

removal of excess granite stone lying in the property of the petitioner

having an extent of 12.14 Ares comprised in Sy. No.556/1/24/2/3 of

Piravanthoor Grama Panchayat, Pathanapuram Taluk, Kollam District.

2. Pending the writ petition, the petitioner has filed I.A.No.1

of 2021 producing Exts.P4 & P4(a). Ext.P4 is an appeal petition

dated 27.04.2021 submitted by the petitioner before the 2nd

respondent. The appeal is challenging the condition in the permit

issued to him which restricted removal of the mined produce out of

the property of the petitioner. The petitioner submits that as at

present he will limit his relief for a consideration of the appeal by the

2nd respondent.

WP(C) NO. 21885 OF 2020

In view of the limited relief that is sought for, the writ petition is

disposed of directing the 2nd respondent to consider and pass orders

on Ext.P4 appeal at the earliest, at any rate, within six weeks from

the date of receipt of a copy of this judgment, after hearing the

petitioner and the additional 3rd respondent. Depending on the

decision in the appeal, necessary orders shall be issued on Ext.P3

application by the Geologist.

Sd/-

T.R.RAVI JUDGE

Pn WP(C) NO. 21885 OF 2020

APPENDIX OF WP(C) 21885/2020

PETITIONERS' EXHIBITS

EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT BEARING NO.A3-BA(233097)/2018 DATED 27.09.2018 ISSUED BY THE SECRETARY, PIRAVANTHOOR GRAMA PANCHAYAT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.10/220/21/GBS/3423/DOQ/S2/18 DATED 05.06.2020 ISSUED BY THE RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 08.10.2020 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR ISSUE OF MINERAL TRANSIT PASSES.

Exhibit P4 TRUE COPY OF THE APPEAL PETITION DATED 27-4-2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P-4(a) TRUE COPY OF THE RECEIPT BEARING NO.VFC(S)/308/2021 DATED 27-4-2021 ISSUED BY THE 2ND RESPONDENT.