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2019 Supreme(Ker) 253
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, J.
Vinod Kumar - Petitioner
Vs.
The District Geologist Department of Mining And Geology & Ors. - Respondents
WP(C).No. 5611 of 2019
Decided On : 02-04-2019
For the Petitioner: Sri. P.M. Ziraj
For the Respondent: Sri. Manuraj K.J., Government Pleader
IMPORTANT POINTS:
" A person who applies for mineral transit passes for transportation of ordinary earth under the Kerala Minor Mineral Concession Rules shall also submit along with the application a sworn affidavit in stamped paper to the effect that he will carry out the proposed construction as per the building plan and building permit and shall complete at least the construction of basement of the building within one year from the date of issuance of mineral transit passes and intimate the same to the competent authority.
Headnote:The Kerala Minor Mineral Concession Rules- Rule 14 - Quarrying permit for ordinary earth; The Constitution of India - Article 226 - When a party approaches a High Court, he must place all the facts before the Court without any reservation- If there is suppression of material facts on the part of the applicant or twisted facts have been placed before the Court, the Writ Court may refuse to entertain the petition and dismiss it without entering into merits of the matter.
Statement of facts:
The petitioner, who is stated to be the owner of a property having an extent of 11.02 Ares comprised in Re-survey No.S-216/11-3 of Ezhamkulam Village, has obtained Ext.P1 building permit issued by the Secretary of the Ezhamkulam Grama Panchayath dated 17.12.2018 and Ext.P2 development permit dated 17.12.2018. On 22.02.2019, the petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 1st respondent to issue transit permit and sufficient transit passes to transport ordinary earth extracted by him from the said property, for the purpose of construction of a residential building, after receipt of royalty, without insisting mining permit or environmental clearance, as provided under Rules 14 and 106 of the Kerala Minor Mineral Concession Rules, 2015, within a reasonable period. The petitioner has also sought for a direction to the 1st respondent to consider Ext.P3 application dated 04.02.2019 within a reasonable period.
Finding of the court:
Article 226 of the Constitution of India espouses equity jurisprudence, a litigant who has approached the Court with unclean hands, without disclosing full facts, is not entitled for any reliefs. Any attempt made by a litigant to mislead this Court, either by suppressing materials facts or by filing false affidavits or giving false statements should be curbed with an iron hand. Dismissal of such writ petitions imposing exemplary costs is inevitable, and even necessary, in order to prevent abuse of the process of this Court and to preserve the purity of judicial proceedings.
Result : Dismissed.
The petitioner, who is stated to be the owner of a property having an extent of 11.02 Ares comprised in Re-survey No.S-216/11-3 of Ezhamkulam Village, has obtained Ext.P1 building permit issued by the Secretary of the Ezhamkulam Grama Panchayath dated 17.12.2018 and Ext.P2 development permit dated 17.12.2018. On 22.02.2019, the petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 1st respondent to issue transit permit and sufficient transit passes to transport ordinary earth extracted by him from the said property, for the purpose of construction of a residential building, after receipt of royalty, without insisting mining permit or environmental clearance, as provided under Rules 14 and 106 of the Kerala Minor Mineral Concession Rules, 2015, within a reasonable period. The petitioner has also sought for a direction to the 1st respondent to consider Ext.P3 application dated 04.02.2019 within a reasonable period.
2. On 25.02.2019, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.
3. On 25.03.2019, when this writ petition came up for consideration, the learned Government Pleader, on instructions from the 1st respondent District Geologist, submitted that Ext.P3 application made by the petitioner was received in the office of the said respondent only on 23.03.2019, by speed post and that, the said application was not enclosed with any of the mandatory documents, which should accompany such an application for mineral transit passes. As the learned counsel for the petitioner disputed the said fact, the learned Government Pleader was directed to make available for the perusal of this Court, the original of Ext.P3 application, along with the envelope.
4. Pursuant to the said order, the learned Government Pleader has made available for the perusal of this Court the original envelop in which Ext.P3 application was received in the office of the 1st respondent District Geologist. As evident from the said envelop, Ext.P3 application dated 04.02.2019 was sent by speed post only on 20.02.2019 from Pachalam Post Office in Ernakulam District.
5. The 1st respondent has filed a counter affidavit opposing the reliefs sought for in this writ petition, wherein it has been stated that Ext.P3 application dated 04.02.2019 was received in the office of the 1st respondent only on 23.02.2019 and that, the petitioner never approached the said respondent for issuance of transit passes, before the filing of this writ petition. Therefore, the contention in paragraph 2 of the writ petition that the 1st respondent did not receive or consider Ext.P3 application without any reason is factually incorrect. Along with the counter affidavit, a photocopy of the postal envelop in which Ext.P3 application was received in the office of the 1st respondent is placed on record as Ext.R1(a). The 1st respondent has also stated that Ext.P3 application for issuance of transit passes was not supported by any documents and as such, the same cannot be considered.
6. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.
7. Ext.P3 application made by the petitioner is one seeking mineral transit passes for transporting ordinary earth from his property having an extent of 11.02 Ares comprised in Re-survey No.S-216/11-3 of Ezhamkulam Village. Such an application has been made under the provisions of sub-rule (2) of Rule 14 of the Kerala Minor Mineral Concession Rules.
8. Rule 14 of the Kerala Minor Mineral Concession Rules, which deals with quarrying permit for ordinary earth, reads thus:
“Rule 14: Quarrying Permit for ordinary earth.-
(1) A quarrying permit under these rules shall be obtained for extraction of ordinary earth used for filling or levelling purposes in construction of embankments, roads, railways or buildings in Form N:
(2) Notwithstanding anything contained in sub-rule (1
