Radhakrishnan Nair vs The District Geologist
2022 Latest Caselaw 10499 Ker

                 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. 31620 OF 2022
PETITIONER

              RADHAKRISHNAN NAIR
              AGED 55 YEARS
              S/O PURUSHOTHAMAN NAIR, ASWATHY BHAVAN, PATHIRIKKAL MURI
              SOORANADU VADAKK, KUNNATHOOR KOLLAM


              BY ADVS.
              A.SALINI LAL
              R.SUNIL KUMAR
              ARUN KRISHNA


RESPONDENT:

              THE DISTRICT GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
              KOLLAM-691002




              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:
 WP(C) NO.31620 OF 2022
                                     2


                             JUDGMENT

Dated this the 7th day of October, 2022

The petitioner, who is owner of 9.70 Ares of property in

Re-survey No.269/6 of Sooranad North Village of Kunnathoor

Taluk in Kollam District, has filed this writ petition seeking to

direct the respondent to issue Mineral Transit Pass to the

petitioner.

2. The petitioner is owner of 9.70 Ares of property. The

petitioner desires to construct a building in the property. The

petitioner therefore approached the Sooranad North Grama

Panchayat 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.

WP(C) NO.31620 OF 2022

4. Though the application for Mineral Transit Pass was

submitted on 20.09.2022, the respondent has not considered

the same. Unless the respondent considers the application

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 WP(C) NO.31620 OF 2022

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 WP(C) NO.31620 OF 2022

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

two months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.31620 OF 2022

APPENDIX OF WP(C) 31620/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE APPLICATION BEFORE THE IST RESPONDENT DATED 26/9/2022.