Thankamma vs Geologist
2024 Latest Caselaw 18986 Ker

Citation : 2024 Latest Caselaw 18986 Ker
Judgement Date : 28 June, 2024

Kerala High Court

Thankamma vs Geologist on 28 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                      WP(C) NO. 12712 OF 2018
PETITIONER:

         THANKAMMA
         PUTHOOR HOUSE, VARAYAL P.O., MANANTHAVADI, WAYANAD
         DISTRICT-670 644.
         BY ADVS.
         SRI.C.ANIL KUMAR
         SMT.A.K.PREETHA


RESPONDENTS:

    1        GEOLOGIST
             DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
             MEENANGADI, WAYANAD DISTRICT-673 591.
    2        DIRECTOR MINING AND GEOLOGY
             DIRECTORATE OF MINING & GEOLOGY, KESAVADASAPURAM,
             PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004.
    3        STATE OF KERALA
             REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM-695 001.
OTHER PRESENT:

         SRI.B.S.SYAMANTAK, GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 12712 OF 2018

                                        2



                 P.V. KUNHIKRISHNAN, J.
         -----------------------------------
               W.P.(C).No.12712 of 2018
         -----------------------------------

        Dated this the 28th day of June, 2024

                                 JUDGMENT

The above Writ Petition is filed with

following prayers:

(i) " a writ of mandamus directing the 1st respondent to consider Ext.P3 application under Rule 14 of the Kerala Minor Minerals Concession Rules;

ii) to hold that the petitioner is eligible to get permission for removing ordinary soil for the purpose of constructing road to her property in Survey No. 3/36 of Periya Village in Mananthavadi Taluk;

iii) to hold that Ext.P3 application is governed by Rule 14 of the Kerala Minor Minerals Concession Rules and 1st respondent is bound to consider Ext.P3 on merits.

iv) be pleased to issue such other WP(C) NO. 12712 OF 2018

writ, order or direction as are deemed just and proper on the facts and circumstances of the case."

[SIC]

2. The main prayer in this Writ Petition is

to consider Ext.P3 application. This Writ

Petition is pending before the Court from 2018

onwards. If Ext.P3 is received and pending

before the 1st respondent, there can be a

direction to 1st respondent to consider the same

and pass appropriate orders in accordance with

law. Therefore, this Writ is disposed of with

the following directions.

1. First respondent is directed to

consider and pass appropriate orders in

Ext.P3, if the same is received and

pending as on today, as expeditiously as

possible, at any rate, within a period of WP(C) NO. 12712 OF 2018

two months from the date of receipt of a

copy of this judgment.

2. If 1st respondent forwarded Ext.P3 to

any other competent Authority, the

competent Authority will consider the

same during the above period itself.

3. If orders are already passed in Ext.P3

a copy of the same shall be

communicated to the petitioner

immediately.

I make it clear that I have not considered the matter

on merit and the authority concerned is free to pass

appropriate orders in accordance with law.

Sd/-

P.V. KUNHIKRISHNAN JUDGE

SSG WP(C) NO. 12712 OF 2018

APPENDIX OF WP(C) 12712/2018

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT NO.17/2017-2018 DATED 12-10-2017 AND RELATED SKETCHES APPROVED BY THE THAVINHAL GRAMA PANCHAYATH. EXHIBIT P2 TRUE COPY OF THE DEVELOPMENT PERMIT LDP NO.6/2017-18 DATED 25-6-2017 AND RELATED SKETCHES APPROVED BY THE THAVINHAL GRAMA PANCHAYATH.

EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT ON 20-10-2017.

EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE 24-8-2017 ISSUED BY THE VILLAGE OFFICER, PERIYA TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 7-9- 2017 ISSUED BY THE VILLAGE OFFICER, PERIYA TO THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE SKETCH PREPARED BY THE VILLAGE OFFICER, PERIYA SHOWING THE DETAILS OF THE PROPOSED ROAD. EXHIBIT P7 TRUE COPY OF THE SKETCH PREPARED BY THE VILLAGE OFFICER, PERIYA SHOWING THE DETAILS OF THE PROPOSED SITE IN WHICH REMOVED SOIL IS TO BE DEPOSITED. EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P9 TRUE COPY OF THE SITE INSPECTION REPORT NO.DOW/M-2036/17 PREPARED BY THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE LETTER NO.DOW/M-2036/17 DATED 20-12-2017 ISSUED BY THE 1ST RESPONDENT ADDRESSING THE 2ND RESPONDENT. EXHIBIT P11 TRUE COPY OF TRUE COPY OF THE LETTER NO.DOW/M-2036/17 DATED 20-12-2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.