Binoj Joy vs State Of Kerala
2023 Latest Caselaw 467 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                          WP(C) NO. 787 OF 2023
PETITIONER:

              BINOJ JOY
              AGED 40 YEARS
              MULLACKAL HOUSE, EZHUMATTOOR. P.O
              MALLAPPALLY, PATHANAMTHITTA DISTRICT , PIN - 689587
              BY ADV UNNI. K.K. (EZHUMATTOOR)


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE CHIEF SECRETARY,
              GOVERNMENT OF KERALA
              GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2        DISTRICT COLLECTOR
              PATHANAMTHITTA. , PIN - 689501
     3        THE SENIOR GEOLOGIST
              MINING AND GEOLOGY
              KIP CAMPUS, ADOOR , PIN - 691523
     4        EZHUMATTOOR GRAMA PANCHAYATH
              REPRESENTED BY ITS SECRETARY,
              EZHUMATTOOR GRAMA PANCHAYATH
              THELLIYOOR P.O, PATHANAMTHITTA, PIN - 689544
              BY ADVS.
              SMT.VIDYA KURIAKOSE-GP
              SRI.SAJI MATHEW (SC)-R4


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.787 OF 2023
                                     2


                             JUDGMENT

Dated this the 11th day of January, 2023

The petitioner, who is owner of 6.95 Ares of property in

Re-survey No.49/1 of Ezhumattoor Village of Mallappally Taluk

in Pathanamthitta District, has filed this writ petition seeking to

direct the 3rd respondent to issue Mineral Transit Pass to the

petitioner.

2. The petitioner is owner of 6.95 Ares of property. The

petitioner desires to construct a building in the property. The

petitioner therefore approached the Ezhumattoor Grama

Panchyat 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.P2 application to the 3rd respondent-Senior

Geologist seeking to issue Mineral Transit Pass to the petitioner

for transportation of ordinary earth. WP(C) NO.787 OF 2023

4. Though the application for Mineral Transit Pass was

submitted on 23.12.2022, the 3rd respondent has not considered

the same. Unless the 3rd 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 respondents 1 to 3 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 3rd respondent, it is submitted that a

large number of applications for Mineral Transit Passes are

pending consideration before the 3rd 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 3rd respondent, at

least three months time is required to take a decision on such

applications.

WP(C) NO.787 OF 2023

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 Government Pleader representing respondents 1 to 3

and the learned Standing Counsel representing the 4 th

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.

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 WP(C) NO.787 OF 2023

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 3rd

respondent-Senior Geologist to consider Ext.P2 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 three months.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.787 OF 2023

APPENDIX OF WP(C) 787/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PERMIT DATED 15.12.2022 ISSUED BY THE PANCHAYATH ALONG WITH APPROVED PLAN Exhibit P2 TRUE COPY OF THE APPLICATION DATED 23.12.2022