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2024 Supreme(Online)(KER) 51173

HIGH COURT OF KERALA
Murali Purushothaman, J
KALIMAN THOZHILALI KSHEMA VYAVASAYA SAHAKARANA SANGAM LTD. – Appellant
Versus
DISTRICT GEOLOGIST – Respondent


Advocates:
PAUL ABRAHAM VAKKANAL ABRAHAM VAKKANAL (SR.), VINEETHA SUSAN THOMAS

JUDGMENT

The petitioner is an industrial Co-operative Society registered under the Kerala Co-operative Societies Act , 1969. The members of the Society are traditional artisans engaged in clay and pottery works. They have been issued with identity cards by the Ministry of Textiles, Government of India through the Assistant Director (H), Handicrafts Service Centre, Thrissur, the 2nd respondent.

2. On receiving information that large quantities of clay have been stacked in 2.08 Acres of land in Mukundapuram Taluk, the petitioner submitted Ext.P1 request before the 1st respondent, the District Geologist, to issue special transit passes to the artisans and the Society for the transportation of the clay invoking the provisions under Rule 106(5) of the Kerala Minor Mineral Concession Rules , 2015 (hereinafter referred to as 'the KMMC Rules', for short). Identity cards of 314 artisans were also submitted along with Ext.P1. However, the Geologist issued Ext.P4 letter to the petitioner informing that, as per the judgment in W.P.(C) No.31702 of 2022 filed by the land owners, the clay dug out from their properties for the construction of ponds shall not be transported out of the property with

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