1. Petitioner sought authorization to extract boulders discovered during permitted earth removal for building construction, relying on amended rules governing mineral extraction during earth excavation. (Para 1 )
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2026 Supreme(Online)(Ker) 74956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. Girish, J
Gigi Paul – Appellant
Versus
District Geologist – Respondent
WP(C) NO. 38464 OF 2026
Important Points
The court directed the District Geologist to decide on the petitioner's application for removing newly detected boulders, as per the Kerala Minor Mineral Concession Rules, 2015, within two months, ensuring the petitioner is granted a hearing.
Subject
Administrative Law - Mining and Mineral Concessions
Act Referred
Kerala Minor Mineral Concession Rules, 2015: R.14(ii)(13)
Headnote
(A) Mining and Geology - Removal of Minerals - Application for removal of boulders detected during earth removal - Direction to authority to decide on application - Where the petitioner has submitted an application for removal of minerals detected during the removal of ordinary earth under the modified Kerala Minor Mineral Concession Rules, 2015, the authority must decide on the application within a prescribed time frame after providing an opportunity for a hearing. (Para 1, 3)
Issues: Whether the first respondent should be directed to consider and pass orders on the application for removal of detected boulders within a time frame.
Issues: Whether the first respondent should be directed to consider and pass orders on the application for removal of detected boulders within a time frame.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: P.M. Ziraj, Irfan Ziraj
For the Respondents: Sreehari Indukaladharan
For the Appellants/Petitioners: P.M. Ziraj, Irfan Ziraj
For the Respondents: Sreehari Indukaladharan
Table of Contents
2. Petitioner requests a direction for the timely consideration and disposal of a pending application for mineral removal permission post-discovery of boulders during building construction. (Para 1 )
3. The court determined it was appropriate to dispose of the petition by issuing directions to the authority for a timely mandate-compliant decision on the pending application. (Para 3 )
4. Authorities are mandatorily required to decide on pending applications seeking permission for mineral extraction in accordance with law within a reasonable time-bound framework. (Para 3 )
5. The court directed the authority to decide the pending application, ensuring an opportunity of hearing is afforded to the petitioner, within two months of receipt of judgment. (Para 3 )
6. What is the duty of the statutory authority regarding a pending application for mineral extraction permission?
The statutory authority is required to consider and dispose of the application for mineral extraction in accordance with the law as expeditiously as possible, ensuring the principles of natural justice by providing an opportunity of hearing to the petitioner. (Para 3 )
JUDGMENT
The petitioner claims to have obtained necessary permits and license from the authorities concerned for the removal of earth from his property for the construction of a building. According to him, during the course of the aforesaid process, boulders were detected in that property. For the removal of the aforesaid boulders he is said to have submitted Ext.P3 application before the 1st respondent. It is stated that the amendment incorporated to Rule 14(ii)(13) of the Kerala Minor Mineral Concession Rules, 2015, in the year 2026, contains provisions for according permission to remove such new mineral detected during the removal of ordinary earth as per the permission already granted. Now, the prayer in this Writ Petition is a direction to the 1st respondent to consider and pass orders on Ext.P3 application filed by the petitioner, in the above regard, within a prescribed time frame.
2. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
3. Having regard to the nature of the relief sought for in this petition, I deem it appropriate to dispose of this Writ Petition as follows:
(i) The 1st respondent is hereby directed to consider and take a decision on Ext.P3, as per law, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
(ii) It is made clear that the petitioner shall be afforded with an opportunity to be heard before taking a decision on the above matter.
(iii) The petitioner is permitted to hand over a copy of this judgment to the 1st respondent.
