John Raphy vs The District Geologist
2023 Latest Caselaw 6899 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                        WP(C) NO. 20314 OF 2023
PETITIONER

             JOHN RAPHY
             AGED 53 YEARS
             S/O. JOSEPH AGED 53 YEARS, KANJIRATHINGAL HOUSE,
             MULLASSERI (PO), THRISSUR DISTRICT,, PIN - 680509
             BY ADV BINOY VASUDEVAN


RESPONDENTS:

     1       THE DISTRICT GEOLOGIST
             OFFICE OF THE DISTRICT GEOLOGIST, MINI CIVIL STATION,
             CHEMBOOKKAVU, THRISSUR, PIN - 680020
     2       THE TAHSILDAR (LAND RECORDS)
             TALUK OFFICE, PALACE ROAD, THRISSUR, PIN - 680020
     3       THE VILLAGE OFFICER
             MADAKKATHARA VILLAGE MADAKKATHARA P.O., THRISSUR
             DISTRICT, PIN - 680651



             SMT. AMMINIKUTTY(GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.20314 OF 2023
                                  2




                           JUDGMENT

Dated this the 22nd day of June, 2023

The petitioner states that the petitioner is owner of 18 Ares

and 21 Square Meters of land in Madakkathara Village in

Thrissur Taluk of Thrissur District. The petitioner intends to

construct a residential building in his property. After obtaining a

Building Permit, he had approached the 1st respondent by

preferring an application seeking to remove ordinary earth from

the property. Even though the same was granted, due to rainy

season the petitioner could not remove the entire quantity of

earth.

2. The petitioner states that he preferred an application

for renewal of the permission, which stands rejected as per

Ext.P8 order. The same was challenged before this Court and

by Ext.P10 Judgment, the order of rejection was set aside.

Accordingly, by Ext.P11, the petitioner was granted permission. WP(C) NO.20314 OF 2023

However, as the road leading to the property is a narrow one,

the petitioner was not able to remove ordinary earth as

expected, in big vehicles. Even now, a substantial portion of

ordinary earth is remaining in the property. The petitioner had

already remitted the royalty for removing the same.

3. The petitioner submitted Exts.P12 and P13

applications seeking to issue Mineral Transit Passes for

removing the remaining quantity of ordinary earth. The same

has not been considered by the 1st respondent. Aggrieved by

the inaction on the part of the 1 st respondent in considering

Exts.P12 and P13 applications, the petitioner is before this

Court.

4. Government Pleader entered appearance and

resisted the writ petition. The Government Pleader denied all

the allegations made by the petitioner in the writ petition.

However, on behalf of the respondents, it is submitted that

since the petitioner has submitted Exts.P12 and P13 WP(C) NO.20314 OF 2023

applications, the same can be considered, if those are

received and pending.

5. I find that by Exts.P12 and P13, the petitioner seeks

Mineral Transit Passes to remove balance quantity of ordinary

earth. Exts.P12 and P13 being applications of a statutory

flavour, the 1st respondent-District Geologist is duty bound to

consider the same and take appropriate decision thereon, in

accordance with law, within a reasonable time.

In the circumstances, the writ petition is disposed of

directing the 1st respondent to consider Exts.P12 and P13

applications submitted by the petitioner for Mineral Transit

Pass and pass appropriate orders thereon, within a period of

six weeks, after conducting a site inspection, if necessary.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.20314 OF 2023

APPENDIX OF WP(C) 20314/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF DOCUMENT NO.1621/2015 OF S.R.O. OLLUKKARA DATED 06.06.2015 Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 11.01.2023 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 12.05.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE BUILDING PERMIT BEARING NO. A4-5451/15 ON 07-10-2015 Exhibit P5 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE SECRETARY OF THE MADAKKATHARA GRAMA PANCHAYAT DATED 16- 10-2018 Exhibit P6 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF THE ROYALTY AMOUNT OF RS.87,560/-

Exhibit P7 TRUE COPY OF ORDER NO.84/22-23/2029/OE/C1/TDO/2021 DATED 08-06-2022 ISSUED BY THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF ORDER NO.2029/C1/TDO/20 DATED 23-01-2023 ISSUED BY THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 10-05-

2022 IN W.P.(C) NO. 4782 OF 2022 Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 30-01-

2023 IN W.P.(C) NO.2853 OF 2023 Exhibit P11 TRUE COPY OF ORDER NO.380/22-23/2029/OE/C1/TDO/2021 DATED 27-02-2023 Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 15-05-2023 Exhibit P13 THIS WILL CAUSE AN EMBARRASSING AND ALARMING SITUATION. TRUE COPY OF THE REQUEST/REMINDER SUBMITTED BY THE PETITIONER ON 12-06-2023