Kerala High Court
Babu.G vs State Of Kerala on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 42092 OF 2022
PETITIONER:
BABU.G
AGED 58 YEARS,
S/O. GEORGE,
P.G.BHAVANAM,
CHENKULAM P.O.,
POOYAPALLY,
KOTTARAKARA,
KOLLAM-691510.
BY ADVS.
R.KISHORE (KALLUMTHAZHAM)
AMAR S.R.
RESPONDENTS:
1 STATE OF KERALA
TO BE REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF INDUSTRIES AND COMMERCE,
SECRETARIAT,
TRIVANDRUM-695001.
2 DISTRICT COLLECTOR,
COLLECTORATE,
KOLLAM-691001.
3 THE GEOLOGIST,
DISTRICT OFFICE,
DEPARTMENT OF MINING AND GEOLOGY,
KESAVANIKETHAN,
ASRAMOM, KOLLAM-691002.
4 SECRETARY,
CHADAYAMANGALAM PANCHAYATH,
CHADAYAMANGALAM, KOLLAM-691534.
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.42092/2022
:2:
JUDGMENT
Dated this the 17th day of January, 2023
The petitioner is owner of 15.78 Ares of land comprised
in Survey No.259/2 of Pooyapally Village of Kottarakkara
Taluk in Kollam 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 15.78 Ares of property.
The petitioner desires to construct a building in the property.
The petitioner therefore approached the Local Self
Government Institutions 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.P1 application to the 3rd respondent-Geologist
seeking to issue Mineral Transit Pass to the petitioner for
transportation of ordinary earth.
W.P.(C) No.42092/2022
4. Though the application for Mineral Transit Pass
was submitted on 24.12.2021, the 3 rd respondent has not
considered the same. Unless the 3 rd 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. 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 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 3 rd respondent,
at least three months time is required to take a decision on
such applications.
W.P.(C) No.42092/2022
7. 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 Senior Government Pleader representing
respondents 1 to 3. Notice to the 4 th respondent is
dispensed with in view of the relief to be granted in the writ
petition
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
W.P.(C) No.42092/2022
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-Geologist to consider Ext.P1 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
sss
W.P.(C) No.42092/2022
APPENDIX OF WP(C) 42092/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 THE COPY OF THE APPLICATION FOR
TRANSIT PASS SUBMITTED BEFORE THE
GEOLOGIST DATED 24.12.2021.
EXHIBIT P1(A) THE TRUE COPY OF THE AFFIDAVIT
SUBMITTED BEFORE THE 3RD RESPONDENT
DATED 18TH NOVEMBER 2021.
EXHIBIT P2 THE TRUE COPY OF THE BUILDING PLAN OF
THE PETITIONER'S COMMERCIAL BUILDING
DATED 18.12.2021.
EXHIBIT P2(A) THE TRUE COPY OF THE BUILDING PERMIT
DATED 18.12.2021 OF THE PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE LAND TAX RECEIPT
IN THE NAME OF THE PETITIONER DATED
28.4.2021.
EXHIBIT P4 THE TRUE COPY OF THE POSSESSION
CERTIFICATE OF THE PETITIONERS
PROPERTY DATED 24.12.2021.
EXHIBIT P5 THE TRUE COPY OF THE LOCATION MAP
OBTAINED OF THE PETITIONERS PROPERTY
DATED 24.12.2021.
EXHIBIT P6 THE TRUE COPY OF THE CHELLAN PAID
UNDER HEAD OF ACCOUNT NUMBERED AS
08530010299(1)
