Anil K. Narendran, J.

The petitioner, who is stated to be the owner in possession of 15.20 Ares of property in Sy.No.366/28 of Pavithreshwaram Village in Kottarakkara Taluk has filed this Writ Petition mainly seeking for a writ of mandamus commanding the District Geologist, Kollam, the 1st respondent herein, to issue Mineral Transit Pass in Form O(A) under Rule 25 read with Rule 26 of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015, for transportation of ordinary earth from the said property in connection with the construction of a residential building for which she has obtained Ext.P1 building permit dated 7.4.2015 from Pavithreshwaram Grama Panchayat.

2. Going by the averments in the Writ Petition, the petitioner wants to develop 10.20 Ares out of 15.20 Ares in Sy.No.366/28 of Pavithreshwaram Village as a plot fit for construction of residential building, after extracting ordinary earth from the said property, which lies at an elevation of few meters above the road level. In order to construct a residential building, the petitioner has obtained Ext.P1 building permit bearing No.A3-2304/15 dated 7.4.2015 from Pavithreshwaram Grama Panchayat. Thereafter, she submitted an application before the Revenue Divisional Officer, Kollam along with Ext.P1 building permit and connected records. The RDO forwarded the said application to the 1st respondent, for consideration as per rules. However, the said application was neither considered nor rejected by the 1st respondent. Therefore, the petitioner has approached this Court in this Writ Petition seeking various reliefs. The petitioner has also relied on Ext.P2 judgment of this Court dated 17.3.2016 in W.P.(C).No.10347 of 2016, a decision rendered by a learned Judge of this Court on similar set of facts.

3. On 10.5.2016, when this Writ Petition came up for admission, the learned Counsel for the petitioner sought for disposal of the same in terms of Ext.P2 judgment. Therefore, after hearing the learned Government Pleader, the Writ Petition was disposed of, by directing the 1st respondent to issue sufficient Mineral Transit Pass in Form O(A) to the petitioner without restricting the number of vehicles to be deployed by her and subject to the other conditions as contained in Ext.P2 judgment.

4. While reading the draft judgment of the writ Petitions disposed of on 10.5.2016, it was noticed that the building permit produced as Ext.P1 in W.P.(C)No.17078 of 2016 and that produced as Ext.P1 in W.P.(C)No.17080 of 2016 (filed by another resident of Pavithreswaram Grama Panchayat seeking identical reliefs in respect of 03.03 Ares of property in Sy.No.362/17-4-2 of Pavithreswaram Village) bear the same number and date, i.e., 'No.A3-2034/15 dated 7.4.2015'. In both the building permits, the total plinth area of the proposed building is shown as 217.11 sq.meters (Ground Floor - 126.16 sq.meter + First Floor - 90.95 sq.meter).

5. Prima facie, it appeared that Ext.P1 building permit produced along with both the Writ Petitions are photocopy of the very same document, except the changes in the name of the permit holder and survey number of the property. In both the Writ Petitions, the petitioners have not chosen to produce the building plan/site plan, which forms an integral part of the building permit. In view of serious doubts as to the genuineness of Ext.P1 building permits, the Registry was directed to list the Writ Petitions as 'to be spoken to' on 11.5.2016, with notice to Shri. Alexander George, the learned counsel for the petitioner in both the Writ Petitions and also the learned Government Pleader for the respondents.

6. After hearing learned counsel for the petitioner and also the learned Government Pleader, this Court by order dated 11.5.2016 directed the petitioners in both the Writ Petitions to produce, along with an interlocutory application for accepting additional documents, the original of Ext.P1 building permit along the building plan and si