Petitioners sought transit passes for removal of ordinary earth containing silica. Court directed respondent to issue passes after verifying royalty payment and rejecting the need for separate mineral extraction orders.
Direction to issue transit passes for removal of ordinary earth with royalty already paid within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 21ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944
WP(C) NO.147 OF 2023
PETITIONERS :-
1 NAZAR.S, S/O.SHAUL HAMEED, ABAEEL CASTLE, CIVILIZATION WARD OPP.AR CAMP, ALAPPUZHA, PIN – 688 012
2 NABEESA NASAR, W/O.S.NASAR, ABAEEL CASTLE, CIVILIZATION WARD OPP.AR CAMP, ALAPPUZHA, PIN – 688 012
BY ADV K.J.MANU RAJ
RESPONDENT :-
DISTRICT GEOLOGIST, ALAPPUZHA OFFICE OF THE MINING & GEOLOGY, CHERTHALA, ALAPPUZHA, PIN – 688 524
BY SRI.S.RENJITH, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.147 OF 2023
-: 2 :-
JUDGMENT
Dated this the 21st day of February, 2023
This writ petition is filed seeking directions to the respondent to issue transit passes to the petitioners on the basis of Ext.P4 application and Ext.P5 chalan in terms of Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015.
WP(C) NO.147 OF 2023
-: 3 :-
on the ground that there is presence of silica in the ordinary earth sought to be removed.
WP(C) NO.147 OF 2023
-: 4 :-
passes can be issued only after issuance of orders under Rule 106 or Rule 104 of the Kerala Minor Mineral Concession Rules cannot be accepted.
There will, accordingly, be a direction to the respondent to issue transit passes to the petitioners for removal of ordinary earth under Rule 14(2) of the Kerala Minor Mineral Concession Rules since royalty has already been paid by the petitioners. Appropriate steps shall be taken within a period of two weeks from the date of receipt of a copy of this judgment.
Sd/ANU SIVARAMAN JUDGE
Jvt/21.2.2023
WP(C) NO.147 OF 2023
-: 5 :-
APPENDIX OF WP(C) 147/2023
PETITIONER EXHIBITS
| Exhibit | P1 A TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTIES |
|---|---|
| Exhibit | P1(a) A TRUE COPY OF THE LOCATION SKETCH DATED 20.8.2022 ISSUED BY VILLAGE OFFICER ALAPPUZHA WEST |
| Exhibit | P2 A TRUE COPY OF THE TAX RECEIPT ISSUED IN THE NAME OF THE 1ST PETITIONER DATED 23.5.2022 |
| Exhibit | P2(a) A TRUE COPY OF THE TAX RECEIPT ISSUED IN THE NAME OF THE 2ND PETITIONER DATED 23.5.2022 |
| Exhibit | P3 A TRUE COPY OF THE BUILDING PERMIT /SITE APPROVAL ALONG WITH THE RELEVANT PAGE OF APPROVED PLAN ISSUED TO THE PETITIONERS |
| Exhibit | P4 A TRUE COPY OF THE APPLICATION DATED 23.11.2022 SUBMITTED BEFORE THE DISTRICT GEOLOGIST ALAPPUZHA |
| Exhibit | P5 A TRUE COPY OF THE TREASURY CHALAN DATED 21.12.2022 |
| Exhibit | P6 A TRUE COPY OF THE GEOTECHNICAL INVESTIGATION REPORT FOR THE CONSTRUCTION OF THE COMMERCIALS COMPLEX DATED 24.12.2022 ISSUED TO THE PETITIONER |
2 issues framed by the court
Whether transit passes can be issued for removal of ordinary earth even when soil contains silica without orders under Rule 106 or Rule 104.
Whether issuance of transit passes is barred when royalty for silica sand has been remitted by the petitioners.
1 provisions across 1 enactments
Nazar.S and Nabeesa Nasar
District Geologist, Alappuzha Office of the Mining & Geology, Cherthala
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
