Biju Varghese Thomas vs State Of Kerala
2023 Latest Caselaw 5901 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                     WP(C) NO. 16456 OF 2023
PETITIONER:

          BIJU VARGHESE THOMAS
          AGED 56 YEARS
          PANICARU VEEDU, VALACODE.P.O
          PUNALUR, KOLLAM - 691331
          (THROUGH HIS POWER OF ATTORNEY HOLDER,
          SANKAR.C, VAYALARIKATHU HOUSE,
          VILAKUDY.P.O, KOLLAM - 691508).

          BY ADV UNNI. K.K. (EZHUMATTOOR)


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY,
          GOVERNMENT OF KERALA GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.

    2     DISTRICT COLLECTOR
          PATHANAMTHITTA - 689501.

    3     THE SENIOR GEOLOGIST
          MINING AND GEOLOGY KIP CAMPUS,
          ADOOR - 691523.

    4     THIRUVALLA MUNICIPALITY
          REPRESENTED BY ITS SECRETARY,
          THIRUVALLA MUNCIPALITY
          THIRUVALLA P.O - 689101.

         BY ADV.AMMINIKUTTY-SR.G.P,
         S.SUBHASH CHAND- R4

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No. 16456 of 2023

                                      2



                              JUDGMENT

Dated this the 24th day of May, 2023

The petitioner, who is owner of 03.45 Ares of property in Re-

Survey No.26 of Thiruvalla Village of Thiruvalla 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 03.45 Ares of property. The

petitioner desires to construct a building in the property. The

petitioner therefore approached the Local Self Government

Institution 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 3rd respondent-Geologist seeking to issue

Mineral Transit Pass to the petitioner for transportation of ordinary

earth.

4. Though the application for Mineral Transit Pass was

submitted on 13.04.2023, the 3rd respondent has not considered WP(C) No. 16456 of 2023

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 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.

7. The Senior Government Pleader submitted that

application for Mineral Transit Pass being a statutory application, if WP(C) No. 16456 of 2023

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 the

respondents.

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 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.

WP(C) No. 16456 of 2023

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 3 rd

respondent-Senior Geologist to consider Ext.P3 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 two months.

Sd/-

N. NAGARESH JUDGE ams WP(C) No. 16456 of 2023

APPENDIX OF WP(C) 16456/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 5.4.2023 ISSUED BY VILLAGE OFFICER, THIRUVALLA Exhibit P2 TRUE COPY OF THE PERMIT DATED 20.02.2023 ISSUED BY THE MUNICIPALITY ALONG WITH APPROVED PLANS Exhibit P3 TRUE COPY OF THE APPLICATION DATED 13.04.2023