P.C.Jose vs The District Geologist
2023 Latest Caselaw 4613 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                        WP(C) NO. 12214 OF 2023
PETITIONER:

          P.C.JOSE
          AGED 62 YEARS
          S/O LATE CHACKO, AGED 62 YEARS, PATTATH HOUSE, KORMALA,
          KUTTICHIRA P.O., THRISSUR DISTRICT, PIN - 680724
          BY ADV BINOY VASUDEVAN


RESPONDENTS:

    1     THE DISTRICT GEOLOGIST
          OFFICE OF THE DISTRICT GEOLOGIST, MINI CIVIL STATION,
          CHEMBOOKKAVU, THRISSUR, PIN - 680020
    2     THE TAHSILDAR(LAND RECORDS)
          TALUK OFFICE, PALACE ROAD, THRISSUR, PIN - 680020
    3     THE TAHSILDAR
          CHALAKKUDY TALUK, MINI CIVIL STATION, CHALAKKUDY (PO)
          THRISSUR DISTRICT, PIN - 680307
    4     THE VILLAGE OFFICER
          KUTTICHIRA VILLAGE KUTTICHIRA P.O., THRISSUR DISTRICT,
          PIN - 680724


          BY SMT.PARVATHY.K-GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.12214 OF 2023

                                   2



                        ANU SIVARAMAN, J.
                 =========================
                     W.P.(C) No.12214 of 2023
                 =========================
                  Dated this the 12th day of April, 2023
                            JUDGMENT

This writ petition is filed challenging Exhibit P5

order and seeking directions to the first respondent to

consider the request made by the petitioner for transit

passes for extracting and transporting red earth from

the property of the petitioner in terms of Rule 14(2) of

the Kerala Minor Mineral Concession Rules, 2015.

2. It is submitted that the petitioner is the

owner of 5.87 Ares of land in Survey No.1543/1-1 of

Kuttichira Village, Chalakkudy Taluk, Thrissur District,

by virtue of Exhibit P1 document and that Exhibit P6 is

the copy of the 'Patta' issued in respect of the property

to the predecessor in interest of the petitioner. It is

submitted that when the petitioner sought permission

for removal of red earth for the construction of W.P.(C)No.12214 OF 2023

residential house, Exhibit P5 order was passed stating

that for removal and transportation of red earth from

an assigned land, the permission cannot be granted.

The learned counsel for the petitioner places reliance on

Exhibits P8 and P9 judgments wherein this Court had

specifically held that in view of the absence of any

interdiction against construction of residential buildings

in the 'patta', the applications for transit passes for the

purpose of construction of residential buildings can

also not be refused.

3. Having considered the contentions advanced

and in the light of the Exhibits P8 and P9 judgments of

this Court, the reliefs as sought for are liable to be

granted. Since there is no interdiction against the

construction of residential house in the 'patta' issued to

the petitioner, I am of the opinion that the request

made by the petitioner for transit passes for the

transportation of red earth for the purpose of

construction of residential house also cannot be W.P.(C)No.12214 OF 2023

declined on the ground that the property in question is

an assigned land.

In the above view of the matter, Exhibit P5 is

set aside. There will be a direction to the respondents

to consider the request made by the petitioner for

transit passes and conduct due verifications including

as to the nature and identity of the property from the

Village Officer, conduct necessary inspections and pass

orders on the request for the transit passes in

accordance with law. Necessary shall be done within a

period of two months from the date of receipt of a

copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE SSK/12/04 W.P.(C)No.12214 OF 2023

APPENDIX

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DOCUMENT NO.4851 OF 2004 DATED 26-08-2004 OF S.R.O. CHALAKKUDY Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 10-05-

2022 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE BUILDING PERMIT GRANTED BY THE SECRETARY OF KODASSERY GRAMA PANCHAYAT BEARING NO. A2-BA(281504) 2022 DATED 29-08-2022. Exhibit P4 TRUE COPY OF THE PROPOSED PLAN Exhibit P5 TRUE COPY OF ORDER NO.DOTHR-DMG/2259/2022-E DATED 02-11-2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P6 TRUE COPY OF THE ORDER ON ASSIGNMENT OF REGISTRY ISSUED UNDER RULE 9(1) OF THE KERALA LAND ASSIGNMENT RULES,1961 DATED 31-03-78 . Exhibit P7 TRUE COPY OF THE PATTA IN APPENDIX-II(UNDER RULE 9(2) OF THE KERALA LAND ASSIGNMENT RULES BY THE SPECIAL TAHSILDAR DATED 08-03-1979. Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 10.05.2022 IN W.P.(C)NO. 4782 OF 2022 Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 14.06.2022 IN W.P.(C)NO.16226 OF 2022 OF THIS HON'BLE COURT.

RESPONDENTS' EXHIBITS:    NIL



  SSK                      //TRUE COPY//           PA TO JUDGE