Kerala High Court
Dixen K.G vs The State Of Kerala on 22 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 22ND DAY OF MAY 2024/1ST JYAISHTA, 1946
WP(C) NO.18270 OF 2024
PETITIONER:
DIXEN K.G., AGED 54 YEARS, S/O.GABRIEL,
KUNNATH ENOKKARAN HOUSE, NETTISSERY P.O.,
THRISSUR DISTRICT, PIN - 680651.
BY ADVS.
BABU S. NAIR
SMITHA BABU
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN - 695001.
2 THE DIRECTOR OF MINING AND GEOLOGY,
DIRECTORATE OF MINING AND GEOLOGY, KESAVADASPURAM,
PATTOM PALACE P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695004.
3 THE REVENUE DIVISIONAL OFFICER, CIVIL STATION,
AYYANTHOLE, THRISSUR, PIN - 680003.
4 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
CHEMBUKAVU, THRISSUR DISTRICT, PIN - 680020.
BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C) No.18270 of 2024
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JUDGMENT
Dated, this the 22nd May, 2024
Having heard the learned counsel appearing for the
petitioner and the learned Government Pleader, this
Court is of the opinion that this Writ Petition need
not be kept pending and the same can be disposed of.
2. The grievance of the petitioner is that the
petitioner was allotted a petroleum retail outlet
and was issued with a no objection certificate by
the Additional District Magistrate (A.D.M) under the
Petroleum Rules, as far back as, on 14.03.2023 vide
Ext.P1. The petitioner had also obtained the site
approval and building permit vide Ext.P2 dated
18.04.2023. For the purpose of construction,
ordinary earth has to be removed, for which, the
petitioner applied for mineral transit pass under
Rule 14(2) to the Grama Panchayat concerned. The
petitioner was accordingly directed to pay an amount
of Rs.1,26,720/- towards the royalty, which
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direction was complied with, as evidenced from
Ext.P3 chalan. Consent to establish was also issued
by the Kerala State Pollution Control Board,
exhibited at Ext.P4. When the earth was being
removed, rock was found beneath the same, which also
has to be removed for the purpose of construction,
wherefore, the petitioner applied for mineral
transit pass under Rule 104 of the Kerala Miner
Mineral Concession Rules. Ext.P5 no objection has
been issued by the 3rd respondent for the same.
However, no action has been taken so far by the 1 st
respondent in the petitioner's application under
Rule 104 afore referred. The limited relief sought
for by the petitioner is a consideration of that
application and to pass appropriate orders in the
same, in accordance with law.
3. The learned Government Pleader has no objection
to the said prayer sought for.
4. Accordingly, the first respondent is directed to
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pass orders in application preferred by the
petitioner under Rule 104 bearing file no.A3/25/2024
pending before the 1st respondent, within a period of
three weeks from today (22.05.2024).
This W.P.(C) is disposed of accordingly.
Sd/-
C.JAYACHANDRAN, JUDGE
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APPENDIX OF WP(C) 18270/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NO-OBJECTION
CERTIFICATE ISSUED BY THE ADDITIONAL
DISTRICT MAGISTRATE, THRISSUR DATED,
14-3-2023.
EXHIBIT P2 A TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT ISSUED BY THE VARAVOOR
GRAMA PANCHAYATH DATED, 18-4-2023.
EXHIBIT P3 TRUE COPY OF THE CHALAN DATED, 12-5-2023
EVIDENCING THE PAYMENT OF RS.1,26,720/-
BEFORE THE 4TH RESPONDENT BY THE
PETITIONER.
EXHIBIT P4 TRUE COPY OF THE CONSENT TO ESTABLISH
FROM THE KERALA STATE POLLUTION CONTROL
BOARD DATED, 17-3-2023.
EXHIBIT P5 A TRUE COPY OF THE ORDER OF NO-OBJECTION
ISSUED BY THE 3RD RESPONDENT DATED,
12-10-2023.
