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HIGH COURT OF KERALA
N. NAGARESH, J
BEENAMOL B.K – Appellant
Versus
THE DISTRICT GEOLOGIST – Respondent
WP(C) 41373/2022
Delay - Mineral Transit Pass - N/A - This case addresses the delay in processing an application for Mineral Transit Pass due to public interest concerns and required construction of a retaining wall, emphasizing the importance of compliance with legal requirements for issuance.
Fact of the Case:
The petitioner seeks a Mineral Transit Pass to remove earth for construction but faces delays from the Geologist due to a required retaining wall for land security.
Issues: The key issue was whether the delay in issuing the Mineral Transit Pass was justified and if the petitioner satisfied the conditions set forth by the Geologist.
Ratio Decidendi: The court held that compliance with safety measures is imperative and that administrative delays should not undermine public interests in construction activities.
Final Decision: The application for Mineral Transit Pass was directed to be processed within one month, if eligible.
JUDGMENT
Dated this the 21st day of December, 2022 The petitioner is before this Court aggrieved by the delay on the part of the 1st respondent-Geologist, Mining and Geology Department in considering the petitioner’s application for Mineral Transit Pass.
2. The petitioner states that she has availed a Bank Loan for construction of a building. The petitioner obtained Building Permit. As the petitioner wanted to remove ordinary earth from the land in order to facilitate the construction, the petitioner submitted application for issuance of Mineral Transit Passes. The delay in considering the application for Mineral Transit Passes would cause undue hardship and financial loss to the petitioner, contends the petitioner.
3. Government Pleader entered appearance on behalf of the 1st respondent and resisted the writ petition. The Government Pleader submitted that the Geologist has examined the area and has found that a retaining wall is to be constructed by the petitioner to secure the land. Without constructing a retaining wall, if Mineral Transit Passes are issued, that will be against public interest. The Geologist has therefore required the petitioner to execute an affidavit undertaking construction of retaining wall.
4. The petitioner states that the petitioner has already submitted Ext.P4 affidavit undertaking to construct retaining wall. The petitioner further submits that he is ready to undertake the contents of Ext.P4 affidavit, before this Court.
In view of the requirement made by the 1st respondent-
Geologist in Ext.P3 and in view of Ext.P4 affidavit filed by the petitioner and the undertaking made before this Court, the writ petition is disposed of directing the 1st respondent-Geologist to take up the application submitted by the petitioner as evidenced by Ext.P2 and issue Mineral Transit Passes to the petitioner within a period of one month, if the petitioner is otherwise eligible, based on Ext.P4 affidavit and the undertaking made before this Court.
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