Abdul Kalam M vs The Director
2022 Latest Caselaw 10895 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                  WP(C) NO. 33452 OF 2022
PETITIONERS:

    1    ABDUL KALAM M, AGED 69 YEARS
         S/O MUHAMMED ISMAYIL, ANAS MANZIL,
         NILAMEL P.O, KOTTARAKKARA,
         KOLLAM DISTRICT, PIN - 691535
    2    ANEESA BEEVI M, AGED 59 YEARS,
         W/O ABDUL KALAM, ANAS MANZIL,
         NILAMEL P.O, KOTTARAKKARA,
         KOLLAM DISTRICT-, PIN - 691535

         BY ADVS.
         ARUN MATHEW VADAKKAN
         ABDUL RASHIQ A.


RESPONDENTS:

    1    THE DIRECTOR
         DEPARTMENT OF MINING AND GEOLOGY,
         KESAVADASAPURAM, PATTAM PALACE PO,
         THIRUVANANTHAPURAM, PIN - 695004
    2    THE GEOLOGIST
         DISTRICT OFFICE,
         DEPARTMENT OF MINING AND GEOLOGY,
         KESAVANIKETHAN, ASRAMAM, KOLLAM, PIN - 691002
    3    THE ASSISTANT GEOLOGIST
         DISTRICT OFFICE,
         DEPARTMENT OF MINING AND GEOLOGY,
         KESAVANIKETHAN, ASRAMAM,
         KOLLAM, PIN - 691002

         SMT.DEEPA NARAYANAN SR.GP

     THIS WRIT PETITION     (CIVIL) HAVING     COME UP   FOR
ADMISSION ON 03.11.2022,     THE COURT ON     THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.33452 of 2022

                                2


                           JUDGMENT

Dated this the 3rd day of November, 2022

The petitioners are aggrieved by the omission on the

part of the 2nd respondent-Geologist in issuing Mineral Transit

Passes to the petitioners.

2. The petitioners state that they wanted to construct

a commercial building in their own land having an extent of

18.62 Ares, in Nilamel Village of Kottarakkara Taluk in Kollam

District. The Panchayat Authorities have issued Building

Permit and Development Permit to the petitioners.

3. The petitioners state that construction of the

building requires removal of ordinary earth from the land. The

ordinary earth so removed will have to be transported.

Mineral Transit Passes are necessary for transportation of

ordinary earth in view of the provisions contained in the Kerala

Minerals (Prevention of Illegal Mining, Storage and

Transportation) Rules, 2015.

WP(C) No.33452 of 2022

4. The petitioners, therefore, submitted an application

for issuance of Mineral Transit Passes. When the application

was not being processed, the petitioners approached this

Court filing WP(C) No.6892 of 2022. This Court as per Ext.P5

judgment in WP(C) No.6892 of 2022, directed the

2nd respondent-Geologist to take up Ext.P8 application

submitted by the petitioners and pass orders on the same

after considering all relevant aspects of the matter and after

conducting due site inspections.

5. The petitioners would state that pursuant to the

inspection conducted by the Office of the 2 nd respondent-

Geologist, the petitioners were required to pay an amount of

₹92,521/- towards royalty. They have paid the royalty also. In

spite of that, the 2nd respondent-Geologist is not issuing

Mineral Transit Passes.

6. The petitioners state that unless they are issued

with Mineral Transit Passes and permitted to remove the

ordinary earth in a duration of 30 days, they will be put to WP(C) No.33452 of 2022

untold hardship and loss.

7. Senior Government Pleader entered appearance

and resisted the writ petition. The Senior Government Pleader

denied all the allegations made by the petitioners in the writ

petition. The petitioners have not produced the application for

issuance of Mineral Transit Passes, pointed out the Senior

Government Pleader. If such application is received, the

application can be considered in view of Ext.P5 judgment of

this Court.

8. I have heard the learned counsel for the petitioners

and the learned Senior Government Pleader representing the

respondents.

9. It is evident from the pleadings in the writ petition

that the petitioners have obtained Ext.P2 Building Permit from

the Local Self Government Authorities. The petitioners have

submitted application for issuance of Mineral Transit Passes.

To facilitate the construction, the petitioners have to excavate

ordinary earth and transport the same. WP(C) No.33452 of 2022

10. The petitioners had earlier approached this Court

by filing WP(C) No.6892 of 2022 and this Court as per Ext.P5

judgment directed the 2nd respondent-Geologist to pass orders

on the same after considering all relevant aspects. It is

evident from Ext.P6 receipt that the petitioners have remitted

₹92,521/- as royalty for the quantum of ordinary earth to be

removed. In view of the above, this Court finds that there is

no reason for non-issuance of Mineral Transit Passes to the

petitioners.

The writ petition is therefore disposed of directing the

2nd respondent-Geologist to issue Mineral Transit Passes to

the petitioners in the light of Exts.P2, P5 and P6, within a

period of one month. The petitioners shall be given at least

two weeks duration for transportation of ordinary earth.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.33452 of 2022

APPENDIX OF WP(C) 33452/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 16.04.2021 ISSUED BY VILLAGE OFFICER, NILAMEL VILLAGE, KOTTARAKKARA TALUK Exhibit P2 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED TO THE PETITIONERS BY THE NILAMEL GRAMA PANCHAYATH DATED 22.01.2022 Exhibit P3 TRUE COPY OF THE DEVOLVEMENT PLAN ISSUED TO THE PETITIONERS BY THE NILAMEL GRAMA PANCHAYAT DATED 22.01.2022 Exhibit P4 TRUE COPY OF THE REPORT DATED 27.01.2022 BY THE VILLAGE OFFICER, NILAMEL VILLAGE TO THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF JUDGMENT DATED 03.03.2022 IN WP(C) NO. 6892 OF 2022 OF THIS HON'BLE COURT Exhibit P6 TRUE COPY OF CHALLAN DATED 30.03.2022 ISSUED BY GEOLOGIST, KOLLAM

RESPONDENT'S/S EXHIBITS : NIL