Muhammed Shareef vs The District Geologist
2023 Latest Caselaw 6471 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                WP(C) NO. 19127 OF 2023
PETITIONER:
         MUHAMMED SHAREEF,
         AGED 37 YEARS,
         SON OF ABOOBACKER,
         VARAMANGALATH HOUSE,
         KARAKKAD,
         KONDOORKARA P.O,
         PATTAMBI,
         PALAKKAD DISTRICT, PIN - 679306

         BY ADVS.
         P.M.ZIRAJ
         IRFAN ZIRAJ
         MOHAMMED SHEHIN.S.S
         VISHNU P.S.
         NIMISHA ANTONY
         ABHIJITH P.A.
         BIPIN KRISHNAKUMAR


RESPONDENTS:
    1    THE DISTRICT GEOLOGIST,
         DEPARTMENT OF MINING AND GEOLOGY,
         SULTANPET, PALAKKAD DISTRICT, PIN - 678001
    2    THE DIRECTOR, MINING AND GEOLOGY
         OFFICE OF THE MINING AND GEOLOGY,
         KESAVADASAPURAM, PATTAM,
         THIRUVANANTHAPURAM, PIN - 695001
    3    THE STATE OF KERALA,
         REPRESENTED BY SECRETARY TO GOVERNMENT,
         INDUSTRIES DEPARTMENT,
         GOVERNMENT OF KERALA,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001


         BY SMT.DEVISREE R. - G.P

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 13.06.2023, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.19127 of 2023
                                   :2:




                           JUDGMENT

Dated this the 13th day of June, 2023

The petitioner obtained Environmental Clearance

No.23/2017 from the District Environmental Impact

Assessment Authority to extract and remove ordinary clay

from his property. On the basis of the said Environmental

Clearance, the 1st respondent issued an order dated

14.12.2020 to the petitioner permitting him to extract and

remove ordinary clay and issued Transit Passes after receipt

of royalty of ₹2,29,000/-. The petitioner carried out the

excavation of clay during the validity of Environmental

Clearance and it was stacked in the same property.

Subsequently, due to the interference of rain, the clay was

not transported from the property and was stacked in the

property for ever since.

W.P.(C) No.19127 of 2023

2. The petitioner approached the 1 st respondent

requesting for Transit Passes to transport the clay that was

stacked in the property after letting him to remit additional

royalty, if any. An inspection was conducted by the office of

the 1st respondent and found that 1700 metric ton of clay was

stacked in the property. The petitioner was directed to remit

a sum of ₹2,29,000/- towards royalty. The petitioner paid the

said amount.

3. The petitioner states that he was not able to

transport the clay having a quantity of 1700 metric ton kept in

the property because of the above stated reasons and

financial crisis. Now, the petitioner intended to transport the

clay stacked in the premises which was extracted on the

basis of the Environmental Clearance issued by the

competent authority. The 1st respondent is bound to issue

Transit Permit and sufficient Transit Passes. The petitioner

submitted an application dated 18.03.2023 before the

1st respondent and requested to conduct an inspection in the

property and issue Transit Permit and Transit Passes to W.P.(C) No.19127 of 2023

transport the ordinary clay. The 1 st respondent received the

application on 27.03.2023. But, till date the 1 st respondent did

not take any action on the basis of the said application. If

more delay caused for considering the application, it would

cause hardship, contends the petitioner.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

5. The petitioner has obtained Environmental

Clearance from the District Environmental Impact

Assessment Authority. The petitioner has also paid royalty.

The petitioner now wants to transport the remaining ordinary

clay. The petitioner has submitted Ext.P3 application seeking

re-issue of Transit Pass. Ext.P3 application being one

having a statutory flavour, the 1 st respondent is bound to

consider the same in accordance with law and take

appropriate decision thereon within a reasonable time.

The writ petition is therefore disposed of directing the

1st respondent-Geologist to consider Ext.P3 application W.P.(C) No.19127 of 2023

submitted by the petitioner and pass appropriate orders

thereon in accordance with law within a period of two weeks.

Sd/-

N. NAGARESH JUDGE

sss W.P.(C) No.19127 of 2023

APPENDIX OF WP(C) 19127/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 14.12.2020 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE COUNTER FOIL OF CHELAN REGARDING PAYMENT OF ROYALTY BY THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 18.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.