Anwar Abdul Khader vs The District Collector
2023 Latest Caselaw 9210 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. 28114 OF 2023
PETITIONER:
          ANWAR ABDUL KHADERAGED 50 YEARS S/O ABDUL KHADER,
          ASHRAF MANZIL, VETTIPRAM P.O, KOZHENCHERRY TALUK,
          PATHANAMTHITTA DISTRICT, PIN-689645, REPRESENTED
          BY HIS POWER OF ATTORNEY HOLDER, ANEESH ABDUL
          KHADAR, AGED 48 YEARS, S/O ABDUL KHADER, ASRAF
          MANSIL, VETTIPRAM P.O, KOZHENCHERRY TALUK,
          PATHANAMTHITTA DISTRICT-., PIN - 689645

               BY ADVS.AJITH MURALIMOHANAN M.K.SWAPNA VIJAYAN


RESPONDENTS:
    1    THE DISTRICT COLLECTOR PATHANAMTHITTA DISTRICT.,
         PIN - 689645

    2          THE VILLAGE OFFICER, PATHANAMTHITTA VILLAGE
               OFFICE, PATHANAMTHITTA DISTRICT., PIN - 689645

    3          PATHANAMTHITTA MUNICIPALITY REPRESENTED BY ITS
               SECRETARY, PATHANAMTHITTA P.O, PATHANAMTHITTA
               DISTRICT., PIN - 689645

    4          THE SENIOR GEOLOGIST DEPARTMENT OF MINING AND
               GEOLOGY, OFFICE OF THE DEPARTMENT OF MINING AND
               GEOLOGY, ADOOR, PATHANAMTHITTA DISTRICT., PIN -
               691523

               SRI.V.K.SUNIL (SC) FOR R3

               SMT.AMMINIKUTTY SR.GP


        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.28114/2023
                                     2




                         JUDGMENT

Dated this the 23rd day of August, 2023

The petitioner, who is owner of 8.50 Ares of property

in Re-survey No.276/16 in Block No.1 of Pathanamthitta Village

of Kozhenchery Taluk in Pathanamthitta 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 8.50 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.P5 application to the respondent-Geologist seeking to issue W.P.(C) No.28114/2023

Mineral Transit Pass to the petitioner for transportation of

ordinary earth.

4. Though the application for Mineral Transit Pass was

submitted on 16.08.2023, 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 respondents 1, 2 and 4 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 respondents 1, 2 and 4, 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 W.P.(C) No.28114/2023

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, the

learned Senior Government Pleader representing respondents 1,

2 and 4 and the learned Standing Counsel representing the 3 rd

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 W.P.(C) No.28114/2023

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

4th respondent-Geologist to consider Ext.P5 application filed by W.P.(C) No.28114/2023

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

jsr/ W.P.(C) No.28114/2023

APPENDIX OF WP(C) 28114/2023

PETITIONER EXHIBITS

Exhibit-P1 THE TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY IN RE.SY.NO.276/16 OF PATHANAMTHITTA VILLAGE ISSUED BY THE 2ND RESPONDENT DATED 04.07.2023.

Exhibit-P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PROPERTY IN RE.SY.NO.276/16 OF PATHANAMTHITTA VILLAGE ISSUED BY THE 2ND RESPONDENT DATED 14.08.2023.

Exhibit-P3 THE TRUE COPY OF THE SITE-APPROVAL AND BUILDING PERMIT NO.SC2-BA 144/2022-2023 DATED 25.07.2023 ISSUED BY THE 3RD RESPONDENT MUNICIPALITY.

Exhibit-P4 A TRUE COPY OF THE DEVELOPMENT PERMIT AND PLAN ISSUED BY THE 3RD RESPONDENT MUNICIPALITY.

Exhibit-P5 A TRUE COPY OF THE APPLICATION DATED 16.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.