Sharmila Kumari vs The District Geologist
2023 Latest Caselaw 1247 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                        WP(C) NO. 1711 OF 2023
PETITIONER:

          SHARMILA KUMARI,
          D/O R. RAVI KUMAR,
          AGED 40 YEARS,
          KRISHNA KRIPAYIL,
          PILAPPUZHA MURI,
          HARIPAD P.O.,
          KARTHIKAPPALLY TALUK,
          ALAPPUZHA-690514

          REPRESENTED BY POWER OF ATTORNEY HOLDER
          BIJUMON P.,
          S/O. PRABHAKARAN ACHARY,
          AGED 47 YEARS,
          REGHU BHAVAN,
          ERUMAKKUZHI, PALAMEL P.O.,
          MAVELIKKARA TALUK,
          ALAPPUZHA- 690504.

          BY ADV ABHILASH S.FRANCIS

RESPONDENTS:

          THE DISTRICT GEOLOGIST,
          DEPARTMENT OF MINING AND GEOLOGY,
          PATHANAMTHITTA DISTRICT,
          PIN - 691523

          BY SMT.VIDYA KURIAKOSE (GOVERNMENT PLEADER)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1711 OF 2023                 2




                                JUDGMENT

Dated this the 18th day of January, 2023.

The petitioner, who is owner of 50 Ares of property in

Survey No.220/12 of Pandalam-Thekkekara Village of Adoor

Taluk in Pathanamthitta District, has filed this writ petition

seeking to direct the respondent-Geologist to issue Mineral

Transit Pass to the petitioner.

2. The petitioner is owner of 50 Ares of property. The

petitioner desires to construct a building in the property. The

petitioner therefore approached the Pandalam-Thekkekara

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.P4 application to the respondent-Geologist

seeking to issue Mineral Transit Pass to the petitioner for

transportation of ordinary earth.

4. Though the application for Mineral Transit Pass was

submitted on 14.11.2022, 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 Government Pleader entered appearance on

behalf of the respondent and defended the writ petition. The

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

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 Government Pleader representing the respondent.

9. The petitioner wants to construct a building in her

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

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.P4 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

one month.

Sd/-

N.NAGARESH JUDGE JJ

APPENDIX OF WP(C) 1711/2023

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 04.07.2022 ISSUED BY THE VILLAGE OFFICER, PANTHALAM- THEKKEKKARA VILLAGE.

Exhibit-P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14.11.2022 ISSUED FROM THE VILLAGE OFFICE, PANTHALAM-THEKKEKKARA.

Exhibit-P3 TRUE COPY OF THE BUILDING PERMIT NO. A4-

BA(346282)/2022 DATED 05.11.22 ISSUED BY THE SECRETARY, PANDALAM-THEKKEKKARA GRAMA PANCHAYAT.

Exhibit-P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 14.11.2022.

Exhibit-P5 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED NIL.