Mathew Vargese vs State Of Kerala
2022 Latest Caselaw 10632 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                         WP(C) NO. 33659 OF 2022
PETITIONER:

              MATHEW VARGESE
              AGED 68 YEARS
              S/O VARGHESE M.P, PUTHENVILAYIL VEETIL, ANANDAPPALLY P.O,
              ADOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT,
              PIN -691525.
              BY ADVS.
              AJITH MURALI
              MOHANAN M.K.


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA,
              SECRETARIAT, THIRUVANATHAPURAM- 695001.
     2        THE DISTRICT COLLECTOR,
              PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN-689645.
     3        THE VILLAGE OFFICER
              ADOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT,
              PIN-691523.
     4        THE SECRETARY
              ADOOR MUNICIPALITY, ADOOR P.O, ADOOR TALUK,
              PATHANAMTHITTA DISTRICT, PIN-691523.
     5        THE SENIOR GEOLOGIST,
              DEPARTMENT OF MINING AND GEOLOGY,
              OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY, ADOOR,
              PATHANAMTHITTA DISTRICT, PIN-691523.

              SMT.VIDYA KURIAKOSE GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.33659 OF 2022
                                   2




                          JUDGMENT

Dated this the 21st day of October, 2022

The petitioner, who is owner of 84.50 Ares of property in

Re-survey No.117/1 in Block No.8 of Adoor Village of Adoor

Taluk in Pathanamthitta District, has filed this writ petition

seeking to direct the 5th respondent to issue Mineral Transit

Pass to the petitioner.

2. The petitioner is owner of 84.50 Ares of property.

The petitioner desires to construct a building in the property.

The petitioner therefore approached the Adoor Municipality

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.P3 application to the 5th respondent-Senior

Geologist seeking to issue Mineral Transit Pass to the WP(C) NO.33659 OF 2022

petitioner for transportation of ordinary earth.

4. Though the application for Mineral Transit Pass was

submitted on 04.06.2022, the 5th respondent has not

considered the same. Unless the 5th 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 Government Pleader entered appearance on

behalf of respondents 1 to 3 and 5 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 5th respondent, it is submitted that a

large number of applications for Mineral Transit Passes are

pending consideration before the 5th respondent. Issuance of

Mineral Transit Passes would require due verification of the

credibility of application and may involve Site Visits also. WP(C) NO.33659 OF 2022

Considering the work load in the office of the 5th respondent, at

least three months time is required to take a decision on such

applications.

7. The 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, the

learned Government Pleader representing respondents 1 to 3

and 5 and the learned Standing Counsel representing the 4 th

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 WP(C) NO.33659 OF 2022

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 5th respondent to consider Ext.P3 application filed by the

petitioner and take appropriate decision thereon in accordance WP(C) NO.33659 OF 2022

with law, as expeditiously as possible and at any rate, within a

period of two months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.33659 OF 2022

APPENDIX OF WP(C) 33659/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED 26.04.2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT NO.BA-312/2021-2022 DATED 19.04.2022 ISSUED BY THE 4TH RESPONDENT MUNICIPALITY.

Exhibit P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 04.06.2022