Point of Law : As per Rule 2 (ii), the “Authorised Officer” means District Geologists/Assistant Geologists of the District Offices of the Department of Mining and Geology within their respective jurisdiction or any other Officer as may be authorised by the Government.

JUDGMENT :

The petitioners, who are owners of 50.90 Ares of property in Re-survey No.35/4-2, 35/4 (S79/81) of Manakkadu Village of Thodupuzha Taluk, seek to declare that the 2nd respondent has no jurisdiction to prevent transportation of red earth using Mineral Transit Pass in Form-O(A), outside Idukki District.

2. The petitioners obtained Ext.P1 Site Approval and Building Permit from Manakkad Grama Panchayat of Idukki District. The property where the building is to be constructed is above the road level. As the land had to be levelled, the petitioners obtained Ext.P2 Development Permit also.

3. As the petitioners could not find a suitable place in Idukki District for depositing the red earth removed for building construction, they applied to the Geologist for Mineral Transit Pass. In their Ext.P3 application, the petitioners sought to deposit the red earth outside Idukki District. The 3rd respondent-Senior Geologist issued Ext.P5 communication to the petitioners informing that permission cannot be granted for depositing red earth outside the District without obtaining a special order from the District Collector.

4. The petitioners state that the 3rd respondent being the authority competent to issue Mineral Transit Passes, he has to consider their application as per the provisions of the Kerala Minor Mineral Concession Rules, 2015. According to the petitioners, the District Collector has not issued any prohibitory order against transporting/depositing red earth outside the District. The 3rd respondent is therefore compellable to issue Transit Pass to the petitioners, by appropriate writ of this Court.

5. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.

6. The petitioners have obtained Ext.P1 Building Permit and Ext.P2 Development Permit for a building construction in Idukki District. The construction requires levelling the land by removing red earth. The petitioners have applied to the Geologist for issuance of Mineral Transit Pass, making it clear that they intend to deposit the red earth outside Idukki District. The Geologist, however, insists for an order from the District Collector.

7. The respondents have not produced any such Order or Circular requiring special order from the District Collector to deposit red earth outside the District.

8. Transportation of minerals in Kerala is governed by the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 (hereinafter referred to as “the Rules, 2015”, for brevity), which are made by the Government in exercise of the powers conferred by Section 23C(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act). The Rules contemplate Mineral Transit Pass for transportation of minerals from one place to another.

9. Rule 26 of the Rules, 2015 which provides for preparation and issuance of Mineral Transit Passes reads as follows:

26. Preparation and issue of Mineral Transit Passes – (1) Every dealer or producer under these rules, before he sells or transports or causes to transport minerals shall obtain mineral transit passes in Form O(A) of these rules with the name, seal and signature of the authorised officer concerned in the original of such passes and while he sells or transports or causes to transport minerals shall prepare the pass in duplicate and give the original of it to every purchaser or driver or person-in-charge of any carrier used in carrying the minerals.

(2) In cases where the lessee desires to transport minerals to the value addition unit from the place of extraction for the purpose of processing, he shall obtain mineral transit passes in Form O(B) of these rules with name seal and signature of the authorised officer concerned in the original of such passes and prepare and issue such pass in the manner described above while transporting or causing to transport minerals to the value addition unit.

(3) The purchaser or driver or person-in-charge of the carrier