Sreedu M.S.Pillai vs State Of Kerala
2023 Latest Caselaw 11304 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                     WP(C) NO. 15270 OF 2023
PETITIONERS:

     1     SREEDU M.S. PILLAI
           D/O. MADUSOODHANAN PILLAI,
           KARAKATTU PUTHENVEEDU AIVERKALA,
           PUTHANAMBALAM P. O, KUNNATHUR,
           KOLLAM, PIN - 691 508.
     2     GEETHAMANI AMMA
           W/O. MURALIDHARAN PILLAI,
           'VAISAKH', MANAMPUZHA, KUNATHOOR,
           KADAMBANAD SOUTH, KOLLAM DISTRICT,
           PIN - 691 553.

           BY ADVS.
           K.J.MANU RAJ
           K.VINAYA
           RAVI KRISHNAN


RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY,
           DEPARTMENT OF INDUSTRIES
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695 001.
     2     DISTRICT GEOLOGIST
           DISTRICT OFFICE, ASHRAM,
           KOLLAM, PIN - 691 008.
     3     DIRECTOR OF MINING & GEOLOGY
           KESAVADASAPURAM,
           PATTOM PALACE P. O,
           THIRUVANANTHAPURAM, PIN - 695 004.
     4     THE REVENUE DIVISIONAL OFFICER,
           CIVIL STATION, KOLLAM,
           PIN - 690 501.

           SRI. BIMAL K.NATH - SR. GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.10.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.15270 OF 2023

                                  2

                              JUDGMENT

The petitioners submitted Ext.P8 representation

for issuance of transit pass to transport earth and clay

stored in the property, comprised in Survey

No.281/part in Block No.17 of Kunnathoor Village.

Pursuant to the same, on the basis of Ext.P11, Ext.P12

NOC has been granted by the RDO in terms of Rule

104 of the Kerala Minor Mineral Concession Rules,

2015. The petitioners submit that so far no decision

has been taken by the respondents for issuance of

transit pass. Accordingly, the petitioners have filed

this writ petition for a direction to the respondents to

issue transit pass.

2. Heard the learned counsel for the petitioners

and the learned Government Pleader for the

respondents.

3. The learned Government Pleader submits that

the RDO will forward the NOC to the Director of Mining WP(C).No.15270 OF 2023

and Geology and to the Government, and it is for the

Government to take the final decision on Ext.P8

representation.

4. Accordingly, there will be a direction to the 1 st

respondent to take Ext.P8 to a logical conclusion, in

accordance with law, as expeditiously as possible, at

any rate, within a period of three months from the

date of receipt of a copy of this judgment. The 2 nd

respondent shall forward all the relevant documents to

the 3rd respondent within a period of two weeks from

the date of receipt of a copy of this judgment who in

turn shall forward the records to the 1 st respondent

within a period of two weeks thereafter.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.15270 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P 1 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE FISH FARM AND STORAGE OF EXCESS SOIL.

EXHIBIT P 2 A TRUE COPY OF THE AQUACULTURE LICENSE CERTIFICATE DATED 22.11.2021 ISSUED TO MADHUSOODANAN PILLAI.

EXHIBIT P 3 A TRUE COPY OF THE COMMUNICATION ISSUED BY CHIEF EXECUTIVE OFFICER FISH FARMING DEVELOPMENT AGENCY, KOLLAM DATED 28.05.2019.

EXHIBIT P 3 [a] A TRUE COPY OF THE COMMUNICATION ISSUED BY CHIEF EXECUTIVE OFFICER FISH FARMING DEVELOPMENT AGENCY, KOLLAM DATED 19.05.2020.

EXHIBIT P 4 A TRUE COPY OF THE LICENSE ISSUED BY KUNNATHOOR GRAMA PANCHAYAT DATED 02.05.2023.

EXHIBIT P 5 A TRUE COPY OF THE AGREEMENT DATED 20.12.2021.

EXHIBIT P 5 [a] A TRUE COPY OF THE TAX RECEIPT DATED 01.06.2022 ISSUED BY VILLAGE OFFICER KUNNATHOOR.

EXHIBIT P 5 [b] A TRUE COPY OF THE TAX RECEIPT DATED 01.06.2022 ISSUED BY VILLAGE OFFICER KUNNATHOOR.

EXHIBIT P 5 [c] A TRUE COPY OF THE THANDAPER REGISTER IN THANDAPER NO.18249 ISSUED BY VILLAGE OFFICER KUNNATHOOR.

EXHIBIT P 6 A TRUE COPY OF THE APPLICATION DATED 28.12.2021 SUBMITTED BY THE 2ND PETITIONER TO THE GEOLOGIST, KOLLAM. EXHIBIT P 7 A TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 15.11.2022. EXHIBIT P 8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT DATED 23.12.2022. EXHIBIT P 9 A TRUE COPY OF THE COMMUNICATION ISSUED BY GEOLOGIST KOLLAM TO SMT.GEETHAMANI AMMA DATED 17.02.2023.

WP(C).No.15270 OF 2023

EXHIBIT P 10 A TRUE COPY OF THE COMMUNICATION ISSUED BY DEPUTY DIRECTOR OF FISHERIES KOLLAM DATED 03.03.2023.

EXHIBIT P10 [a] A TRUE COPY OF THE CERTIFICATE DATED 07.02.2023 ISSUED BY THE KRISHI BHAVAN KUNNATHUR.

EXHIBIT P 11 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER TO THE 4TH RESPONDENT DATED 20.03.2023. EXHIBIT P 12 A TRUE COPY OF THE REPORT SUBMITTED BY THE SUB COLLECTOR, KOLLAM TO THE GEOLOGIST, KOLLAM DATED 22.06.2023.

RESPONDENTS ANNEXURES: NIL.