Kerala High Court
WP(C)/42899/2022 of FRANCIS SEBASTIAN Vs THE DISTRICT COLLECTOR on 30 December 2022
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 WP(C) NO. 42899 OF 2022 PETITIONER FRANCIS SEBASTIAN AGED 59 YEARS S/O SEBASTIAN, SINAI VILLA, PAIPPAD, PALLIKKACHIRA P.O, PAIPPAD VILLAGE, MALAPPALLY TALUK,
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944WP(C) NO. 42899 OF 2022
PETITIONER
FRANCIS SEBASTIAN
AGED 59 YEARS
S/O SEBASTIAN, SINAI VILLA, PAIPPAD, PALLIKKACHIRA P.O, PAIPPAD VILLAGE, MALAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN-686537.
BY ADVS.AJITH MURALIMOHANAN M.K.
RESPONDENTS:
1THE DISTRICT COLLECTOR
PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN-689645.
2THE VILLAGE OFFICER MALLAPPALLY VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN-686537.MALLAPPALLY VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN-686537.
3THE SECRETARY, MALLAPPALLY GRAMA PANCHYATH, MALLAPPALLY (P.O), PATHANAMTHITTA DISTRICT, PIN- 686537.MALLAPPALLY GRAMA PANCHYATH, MALLAPPALLY (P.O), PATHANAMTHITTA DISTRICT, PIN- 686537.
4THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DEPARTMENT OF MINING AND GEOLOGY, OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY, ADOOR, PATHANAMTHITTA DISTRICT, PIN – 691523.PATHANAMTHITTA DISTRICT, PIN – 691523.
SMT.ANIMA GP SMT.SWAPNA VIJAYAN-SC for R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 30[th] day of December, 2022
The petitioner, who is owner of 56.29 Ares of property inRe-Survey Nos.125/1, 125/1-1-1, 125/4, 89/12-1 in Block No.28 of Mallappally Village of Mallappally Taluk inPathanamthitta District, has filed this writ petition seeking todirect the 4[th] respondent to issue Mineral Transit Pass to thepetitioner.
2. The petitioner is owner of 56.29 Ares of property.
The petitioner desires to construct a building in the property.The petitioner therefore approached the Mallappally GramaPanchayat and has obtained a Building Permit.
3. Construction of the building requires levelling of landand removal of ordinary earth. The petitioner thereforesubmitted Ext.P4 application to the 4[th] respondent-SeniorGeologist 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 23.12.2022, the 4[th] respondent has notconsidered the same. Unless the 4[th] respondent considers theapplication expeditiously and issues Mineral Transit Pass atthe earliest, the petitioner will be put to untold hardship andfinancial loss, contends the petitioner.
5. The Government Pleader entered appearance on behalf of respondents 1, 2 and 4 and defended the writpetition. The Government Pleader controverted all materialallegations made by the petitioner, in the writ petition.
6. On behalf of the 4[th] respondent, it is submitted that a large number of applications for Mineral Transit Passes arepending consideration before the 4[th] respondent. Issuance ofMineral Transit Passes would require due verification of thecredibility of application and may involve Site Visits also.
Considering the work load in the office of the 4[th] respondent, at least three months time is required to take a decision on suchapplications.
7. The Government Pleader submitted that application for Mineral Transit Pass being a statutory application, if thepetitioner has submitted application supported by all requisitedocuments, the same can be considered in accordance withlaw.
8. Heard the learned counsel for the petitioner, thelearned Government Pleader representing respondents 1, 2and 4 and Smt.Swapna Vijayan, the learned Standing Counselappearing for the 3[rd] respondent.
9. The petitioner wants to construct a building in hisproperty and has obtained a Building Permit. Construction ofthe building would require levelling of land and removal andtransportation of ordinary earth. The petitioner therefore The petitioner wants to construct a building in his requires Mineral Transit Pass and has submitted an applicationfor the same.
10. Rule 26(4) of the Kerala Minerals (Prevention ofIllegal Mining, Storage and Transportation) Rules, 2015declares that any consignment of minerals without a validTransit Pass shall be considered as illicit and the competentauthority and authorised officer may recover the mineral fromthe person and also seize the receptacles in which the same isfound and the carrier used in carrying the same.
11. The application submitted by the petitioner forMineral Transit Pass therefore is a statutory requirement. Thecompetent authority therefore is bound to consider theapplication in accordance with law within a reasonable time.
The writ petition is therefore disposed of directing the 4[th]respondent to consider Ext.P4 application filed by the petitionerand take appropriate decision thereon in accordance with law, WP(C) NO.42899 OF 2022
as expeditiously as possible and at any rate, within a period of two months.
sd/-
hmh
N.NAGARESH
JUDGE
WP(C) NO.42899 OF 2022
APPENDIX OF WP(C) 42899/2022
PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE TAX RECEIPT ISSUEDBY THE 2ND RESPONDENT DATED 22.06.2022.Exhibit P2THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 08.12.2022.Exhibit P3THE TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT NO.A2-BA-402006/2022 DATED 20.12.2022 ISSUED BY THE 3RD RESPONDENT PANCHAYATH.Exhibit P4A TRUE COPY OF THE APPLICATION DATED 23.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
RESPONDENT’S EXHIBITS : NIL