Aju V. R vs The District Collector
2023 Latest Caselaw 1516 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                     WP(C) NO. 1886 OF 2023
PETITIONER:

         AJU V. R
         AGED 28 YEARS
         S/O. S.VIJAYAN,
         ANIL BHAVAN, KURUTTUMODIYIL ,
         ULLANNOOR P.O, KULANADA,
         PATHANAMTHITTA DISTRICT
         PIN - 689503

         BY ADVS.
         E.S.ASHRAF
         K.S.KARUNAMOL
         AKSHAY VENU
RESPONDENTS:

    1    THE DISTRICT COLLECTOR
         COLLECTORATE, PATHANAMTHITTA P.O,
         PATHANAMTHITTA DISTRICT, PIN - 689645
    2    THE GEOLOGIST
         DISTRICT OFFICE OF THE MINING AND GEOLOGY
         DEPARTMENT,
         ADOOR, PATHANAMTHITTA DISTRICT
         PIN - 691523
    3    THE SECRETARY
         MEZHUVELI GRAMA PANCHAYATH, MEZHUVELI P.O,
         PATHANAMTHITTA DISTRICT, PIN - 689507

         SMT.K.G.SAROJINI GP
         SRI.K.SHAJ-R3

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 20.01.2023,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.1886 of 2023

                               2




                           JUDGMENT

Dated this the 20th day of January, 2023

The petitioner, who is owner of 4.05 Ares of property in

Survey No.134/8-2 of Kulanada Village of Kozhenchery Taluk

in Pathanamthitta District, has filed this writ petition seeking to

direct the 2nd respondent-Geologist to issue Mineral Transit

Pass to the petitioner.

2. The petitioner is owner of 4.05 Ares of property.

The petitioner desires to construct a building in the property.

The petitioner therefore approached the Mezhuveli 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.P3 application to the 2 nd respondent-Geologist

seeking to issue Mineral Transit Pass to the petitioner for WP(C) No.1886 of 2023

transportation of ordinary earth.

4. Though the application for Mineral Transit Pass

was submitted on 14.11.2022, the 2nd respondent has not

considered the same. Unless the 2nd 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 respondents 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 2nd respondent, it is submitted that

a large number of applications for Mineral Transit Passes are

pending consideration before the 2 nd 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 2 nd respondent, WP(C) No.1886 of 2023

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 Senior Government Pleader representing

respondents 1 and 2 and Sri.K.Shaj, the learned Standing

Counsel representing the 3rd 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

requires Mineral Transit Pass and has submitted an

application for the same.

WP(C) No.1886 of 2023

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 of a statutory nature. 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

2nd respondent-Geologist to consider Ext.P3 application filed

by the petitioner, strictly on the basis of the Building Permit

and Development Plan produced by the petitioner and take

appropriate decision thereon in accordance with law, as

expeditiously as possible and at any rate, within a period of WP(C) No.1886 of 2023

two months. Counsel for the petitioner submits that due to the

narrow width of the road access to the property, the petitioner

may require a larger duration for transportation of ordinary

earth. The petitioner will be at liberty to bring this fact to the

notice of the Geologist.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.1886 of 2023

APPENDIX OF WP(C) 1886/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 30/07/2022 ISSUED BY THE KULANADA VILLLAGE.

Exhibit P2        TRUE COPY OF THE BUILDING PERMIT DATED
                  09/11/2022 ISSUED BY THE MEZHUVELI
                  GRAMA PANCHAYATH
Exhibit P3        TRUE COPY OF THE APPLICATION DATED
                  14/11/2022      SUBMITTED      TO     THE
                  2NDRESPONDENT
Exhibit P4        TRUE   COPY   OF   THE   JUDGMENT   DATED
                  01.11.2022 IN W.P.(C) NO. 34654 OF
                  2022 OF THIS HON'BLE COURT