Dr.Densil John vs The District Collector
2023 Latest Caselaw 9202 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                         WP(C) NO. 28148 OF 2023
PETITIONERS:

     1        DR.DENSIL JOHN
              AGED 55 YEARS, S/O P P JOHN, VAZHAVILAYIL MOUNT VIEW,
              NALKALICKAL, ERUMAKKAD ROAD, ARANMULA VILLAGE,
              KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN 689 533
     2        GIBI ELIZABATH
              AGED 51 YEARS, W/O DENSIL JOHN, VAZHAVILAYIL MOUNT VIEW,
              NALKALICKAL, ERUMAKKAD ROAD, ARANMULA VILLAGE,
              KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN 689 533
              BY ADVS.
              AJITH MURALI
              MOHANAN M.K.
              SWAPNA VIJAYAN


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              PATHANAMTHITTA DISTRICT, PIN - 689645
     2        THE VILLAGE OFFICER
              KIDANGANNUR VILLAGE, KOZHENCHERRY TALUK,
              PATHANAMTHITTA DISTRICT., PIN - 689514
     3        ARANMULA GRAMA PANCHAYATH
              REPRESENTED BY ITS SECRETARY, EDAYARANMULA (PO),
              KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN 689533
     4        THE SENIOR GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY,
              OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY,
              ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691 523

              BY ADV
              SMT.AMMINIKUTTY - SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.28148 OF 2023

                                 2




                           JUDGMENT

Dated this the 23rd day of August, 2023

The petitioners, who are owners of 68.15 Ares of property

in Re-Survey Nos.470/6-2, 470/6-3, 470/6-4, 470/6-7, 470/6-5,

470/6-1 and 470/6-2 of Aranmula Village of Kozhencherry Taluk

in Pathanamthitta District, have filed this writ petition seeking to

direct the respondent to issue Mineral Transit Pass to the

petitioners.

2. The petitioners are owners 68.15 Ares of property.

The petitioners desire to construct a building in the property.

The petitioners 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 petitioners therefore

submitted Ext.P5 application to the 4th respondent-Geologist

seeking to issue Mineral Transit Pass under the Kerala Minerals

(Prevention of Illegal Mining, Storage and Transportation) W.P.(C) No.28148 OF 2023

Rules, 2015 to the petitioners for transportation of ordinary

earth.

4. Though the application for Mineral Transit Pass was

submitted on 24.07.2023, the 4th respondent has not considered

the same. Unless the 4th respondent considers the application

expeditiously and issues Mineral Transit Pass at the earliest,

the petitioners will be put to untold hardship and financial loss,

contended the petitioners.

5. The Senior Government Pleader entered

appearance on behalf of the respondents and defended the writ

petition. The Senior Government Pleader controverted all

material allegations made by the petitioners, in the writ petition.

6. On behalf of the respondents, 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 4 th respondent, at W.P.(C) No.28148 OF 2023

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 petitioners have submitted application

supported by all requisite documents, the same can be

considered in accordance with law.

8. Heard the learned counsel for the petitioners and the

learned Senior Government Pleader representing the

respondents.

9. The petitioners want to construct a building in their

property and has obtained a Building Permit. Construction of

the building would require levelling of land and removal and

transportation of ordinary earth. The petitioners 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 W.P.(C) No.28148 OF 2023

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 petitioners for

Mineral Transit Pass therefore is for 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

4th respondent to consider Ext.P5 application filed by the

petitioners and take appropriate decision thereon in accordance

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

period of three months.

Sd/-

N.NAGARESH JUDGE ded W.P.(C) No.28148 OF 2023

APPENDIX OF WP(C) 28148/2023

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT OF THE 1ST PETITIONER IN RE-SURVEY NO.470/6- 1,470/6-2-1 ISSUED BY THE 2ND RESPONDENT DATED 4.04.2023.

EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT OF THE 2ND PETITIONER IN RE-SURVEY NO.470/6- 2,470/6-3,470/6-4,470/6-7, ISSUED BY THE 2ND RESPONDENT DATED 4.04.2023.

EXHIBIT P3 THE TRUE COPY OF THE SITE-APPROVAL AND BUILDING PERMIT NO.A4-BA(249952)/2023 DATED 21.07.2023 ISSUED BY THE 3RD RESPONDENT PANCHAYATH.

EXHIBIT P4 A TRUE COPY OF THE DEVELOPMENT PLAN ISSUED BY THE 3RD RESPONDENT PANCHAYATH.

EXHIBIT P5 A TRUE COPY OF THE APPLICATION DATED 24.07.2023 SUBMITTED BY THE PETITIONERS THROUGH THEIR POWER OF ATTORNEY BEFORE THE 4TH RESPONDENT.