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HIGH COURT OF KERALA
N. NAGARESH, J
JOHN KUTTY – Appellant
Versus
THE GEOLOGIST – Respondent
WP(C)/32552/2022
Mineral Transit Pass - Construction Permit - Rule 26(4) - The court affirmed the requirement for a Mineral Transit Pass for transporting earth, interpreting Rule 26(4) to mandate timely consideration of applications while underscoring statutory compliance.
Fact of the Case:
The petitioner, seeking a Mineral Transit Pass for transporting earth necessary for construction, filed a writ petition after the respondent did not process the application in a timely manner.
Finding of the Court:
The court found that the respondent has a duty to consider the petitioner's application for a Mineral Transit Pass under the law, issued due to the necessity of compliance with statutory requirements.
Issues: The key issue was whether the respondent was obligated to timely process the application for a Mineral Transit Pass submitted by the petitioner.
Ratio Decidendi: The court held that under Rule 26(4), a Mineral Transit Pass is essential for transporting minerals, and authorities must process applications within a reasonable timeframe to avoid undue hardship.
Final Decision: The writ petition was disposed of directing the respondent to consider the application and decide within three months.
JUDGMENT
Dated this the 13th day of October, 2022 The petitioner, who is owner of 2.10 Ares of property in Block No. 34, Survey No. 351/21-2 of Anchal Village of Punalur Taluk in Kollam District, has filed this writ petition seeking to direct the respondent to issue Mineral Transit Pass to the petitioner.
2. The petitioner is owner of 2.10 Ares of property. The petitioner desires to construct a building in the property. The petitioner therefore approached the Local Self Government Institution and has obtained a Building Permit.
3. Construction of the building requires levelling of land and removal of ordinary earth. The petitioner therefore submitted Ext.P5 application to the respondent-Geologist seeking to issue Mineral Transit Pass to the petitioner for transportation of ordinary earth.
4. Though the application for Mineral Transit Pass was submitted on 12.09.2022, the respondent has not considered the same. Unless the respondent considers the application expeditiously and issues Mineral Transit Pass at the earliest, the petitioner will be put to untold hardship and financial loss, contends the petitioner.
5. The Senior Government Pleader entered appearance on behalf of the respondent and defended the writ petition. The Senior Government Pleader controverted all material allegations made by the petitioner, in the writ petition.
6. On behalf of the respondent, it is submitted that a large number of applications for Mineral Transit Passes are pending consideration before the respondent. Issuance of Mineral Transit Passes would require due verification of the credibility of application and may involve Site Visits also. Considering the work load in the office of the respondent, at least three months time is required to take a decision on such applications.
7. The Senior Government Pleader submitted that application for Mineral Transit Pass being a statutory application, if the petitioner has submitted application supported by all requisite documents, the same can be considered in accordance with law.
8. Heard the learned counsel for the petitioner and the learned Senior Government Pleader representing the respondent.
9. The petitioner wants to construct a building in his property and has obtained a Building Permit. Construction of the building would require levelling of land and removal and transportation of ordinary earth. The petitioner therefore requires Mineral Transit Pass and has submitted an application for the same.
10. Rule 26(4) of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 declares that any consignment of minerals without a valid Transit Pass shall be considered as illicit and the competent authority and authorised officer may recover the mineral from the person and also seize the receptacles in which the same is found and the carrier used in carrying the same.
11. The application submitted by the petitioner for Mineral Transit Pass therefore is a statutory requirement. The competent authority therefore is bound to consider the application in accordance with law within a reasonable time.
The writ petition is therefore disposed of directing the respondent to consider Ext.P5 application filed by the petitioner and take appropriate decision thereon in accordance with law, as expeditiously as possible and at any rate, within a period of three months.
Sd/-
N.NAGARESH JUDGE
APPENDIX OF WP(C) 32552/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SITE APPROVAL AND BUILDING PERMIT NO.A5-BA (290492)/2022 (3107/22) DATED
06/09/2022 ISSUED BY ANCHAL GRAMA PANCHAYATH IN FAVOUR OF PETITIONER.
Exhibit P2 TRUE COPY OF PROPOSED RESIDENTIAL BUILDING PLAN DATED 06/09/2022 APPROVED BY THE SECRETARY ANCHAL GRAMA PANCHAYATH.
Exhibit P3 TRUE COPY OF POSSESSION CERTIFICATE DATED 05/09/2022 ISSUED BY THE VILLAGE OFFICER, ANCHAL.
Exhibit P4 TRUE COPY OF AFFIDAVIT DATED
13/09/2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT GEOLOGIST, KOLLAM.
Exhibit P5 TRUE COPY OF APPLICATION DATED
12/09/2022 SUBMITTED B
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