Kerala High Court
Abraham vs District Geologist on 7 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 31722 OF 2022
PETITIONER
ABRAHAM
AGED 69 YEARS
S/O.SAMUEL, PLAKOOTTATHIL
NOW RESIDING AT SAJAN HOUSE, THUMBON NORTH,
PATHANAMTHITTA - 689 532.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
ARUN KRISHNA
RESPONDENT
DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,
MINI CIVIL STATION, ARANMULA,
PATHANAMTHITTA - 689 532.
SMT.DEEPA NARAYANAN SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No. 31722 of 2022 2
]
JUDGMENT
Dated this the 7th day of October, 2022
The petitioner, who is owner of 12.80 Ares of property in
Re-survey Nos.266/4 and 266/20 in Mezhuveli Village of
Kozhencherry Taluk, has filed this writ petition seeking to direct
the respondent to issue Mineral Transit Pass to the petitioner.
2. The petitioner is owner of 12.802 Ares of property.
The petitioner desires to construct a building in the property.
The petitioner therefore approached the Local Self Government
Institution and has obtained a Building Permit.
3. Construction of the building requires levelling of land
and removal of ordinary earth. The petitioner therefore
submitted Ext.P1 application to the respondent-Geologist
seeking to issue Mineral Transit Pass to the petitioner for
transportation of ordinary earth.
4. Though the application for Mineral Transit Pass was
submitted on 08.06.2022, the respondent has not considered
the same. Unless the respondent considers the application
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expeditiously and issues Mineral Transit Pass at the earliest,
the petitioner will be put to untold hardship and financial loss,
contends the petitioner.
5. The Senior Government Pleader entered appearance
on behalf of the respondent and defended the writ petition. The
Senior Government Pleader controverted all material
allegations made by the petitioner, in the writ petition.
6. On behalf of the respondent, it is submitted that a
large number of applications for Mineral Transit Passes are
pending consideration before the respondent. Issuance of
Mineral Transit Passes would require due verification of the
credibility of application and may involve Site Visits also.
Considering the work load in the office of the respondent, at
least three months time is required to take a decision on such
applications.
7. The Senior Government Pleader submitted that
application for Mineral Transit Pass being a statutory
application, if the petitioner has submitted application supported
]
by all requisite documents, the same can be considered in
accordance with law.
8. Heard the learned counsel for the petitioner and the
learned Senior Government Pleader representing the
respondent.
9. The petitioner wants to construct a building in his
property and has obtained a Building Permit. Construction of
the building would require levelling of land and removal and
transportation of ordinary earth. The petitioner therefore
requires Mineral Transit Pass and has submitted an application
for the same.
10. Rule 26(4) of the Kerala Minerals (Prevention of
Illegal Mining, Storage and Transportation) Rules, 2015
declares that any consignment of minerals without a valid
Transit Pass shall be considered as illicit and the competent
authority and authorised officer may recover the mineral from
the person and also seize the receptacles in which the same is
found and the carrier used in carrying the same.
]
11. The application submitted by the petitioner for
Mineral Transit Pass therefore is a statutory requirement. The
competent authority therefore is bound to consider the
application in accordance with law within a reasonable time.
The writ petition is therefore disposed of directing the
respondent to consider Ext.P1 application filed by the petitioner
and take appropriate decision thereon in accordance with law,
as expeditiously as possible and at any rate, within a period of
one month.
Sd/-
N. NAGARESH, JUDGE
smm/12.10.2022
]
APPENDIX OF WP(C) 31722/2022
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE APPLICATION BEFORE THE 1ST
RESPONDENT DATED 8/6/22.
