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2026 Supreme(Online)(Ker) 14033

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
SULAIMAN – Appellant
Versus
THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM DISTRICT – Respondent
WP(C) NO. 12612 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.P.M.ZIRAJ, SRI.IRFAN ZIRAJ
For the Respondents: SMT.SYLAJA S.L.

The court has upheld interim relief concerning transit permits and nullified conditions deemed unlawful.

Headnote:The petitioner sought reliefs through writ petition for certiorari and mandamus regarding conditions imposed on transit permits under Kerala Minerals Rules. The court provided an interim order for disposal within two months. The petition was ultimately disposed of according to the interim orders. The final decision highlights the court's acknowledgment of the conditions as potentially flawed.

Table of Content
1. petitioner seeks writ for transit permit without imposed conditions. (Para 1)
2. court acknowledges interim directions for application processing. (Para 2 , 3)
3. writ petition disposed in accordance with interim orders. (Para 4)

J U D G M E N T

The petitioner has filed the captioned writ petition seeking the following reliefs;

“1. Issue a writ of certiorari or other appropriate writ, direction or order by call for the records leading to the issuance of exhibit P5 and set aside the condition No.8 thereon since the same is against the provisions of law.

2.Issue a writ of mandamus or any other writ, order or direction to the first respondent to consider and dispose the application of petitioner for transit permit and transit passes without insisting to produce the details and survey number of the place in where the earth has to be deposited within a reasonable period which this honourable court may deem fit and proper in the interest of justice and circumstances of the case.”

2. Heard the learned counsel for the petitioner, as well as the learned Government Pleader.

3. While admitting the writ petition on 05.04.2023, this Court has passed the following interim order;

“Admit. Learned Government Pleader takes notice for the respondents and seeks time to place a counter affidavit on record.

There will be an interim direction to the 1st respondent to consider Ext.P4 application submitted by the petitioner for transit pass within two months, without insisting on the compliance of the condition provided in Clause 8 of Ext.P5, provisionally and subject to further orders in the writ petition.”

4. In the light of the interim order passed as above, both sides admit that the writ petition may be closed.

In the light of the afore, this writ petition would stand disposed of in terms of the directions contained in the interim order dated 05.04.2023.

Sd/-

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