The High Court of Kerala directed the District Geologist to inspect the petitioner's property and consider an application for mineral transit, ordering a report submission and appropriate decision within three weeks.
Direction to the 6th respondent to consider the petitioner's application and conduct a site inspection; required decision within three 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
WEDNESDAY, THE 8TH DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944
WP(C) NO. 1835 OF 2023
PETITIONER:
DR. JISHA PHILP
AGED 49 YEARS
D/O DAVID, MARANGATTU HOUSE, KURUPPAMPADY,
ERNAKULAM DISTRICT, PIN - 683542
BY ADV BINU PAUL
RESPONDENTS:
1 STATE OF KERALAGOVERNMENT OF KERALA, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICEROFFICE OF THE REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA, PIN - 686661
3 TAHSILDAROFFICE OF THE TAHSILDAR, KUNNATHUNADU TALUK
PERUMBAVOOR, PIN - 683542
4 VILLAGE OFFICERRAYAMANGALAM VILLAGE OFFICE, RAYAMANAGALAM, PIN- 683541
5 SECRETARYRAYAMANGALAM GRAMA PANCHAYATH,
RAYAMANAGALAM, PIN - 683541
6 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, KAKKANAD, ERNAKULAM, PIN - 6820377 STATION HOUSE OFFICER KURUPPAMPADY POLICE STATION, ERNAKULAM DISTRICT, PIN - 683542 ADV.RAJESH N, SC SRI.APPU P.S, GPTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1835 OF 2023
2
JUDGMENT
Dated this the 8th day of February, 2023
This writ petition is filed seeking the following prayers:
“(i) Issue a writ of mandamus or any other appropriate writ, order of direction, commanding 6th respondent, to issue Mineral Transit Pass to the petitioner to transport red earth and ordinary stones from the property comprised in Sy. No. 125/2-9 and 125/8 of Rayamangalam village in Kunnathunadu Taluk, Ernakulam District, as per Kerala Minor Mineral Concessions Rules a and Kerala Minerals (Prevention of Illegal Mining Storage and Transportation) Rules 2015 without insisting the procedures contemplated Under Rule 104 of the Kerala Minor Mineral Concessions Rules, 2015
(ii) Issue a writ of mandamus or any other writ or direction directing the respondents 5 and 7 not to prevent the petitioner from transporting the ordinary earth and ordinary stones outside the property of the petitioner on the basis of Ext.P7 permit.”
Government Pleader as well as the learned counsel appearing for the 5th respondent.
WP(C) NO. 1835 OF 2023
3
Kunnathunadu Taluk. It is submitted that the petitioner had been issued with due permissions for removing ordinary earth and stones, which are available in the property, which cause danger to the petitioner’s property as well as the neighboring properties. However, it is submitted that the 5th respondent is not permitting the removal of the boulders in the property.
WP(C) NO. 1835 OF 2023
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This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE
NP
WP(C) NO. 1835 OF 2023
5
APPENDIX OF WP(C) 1835/2023
PETITIONER’S EXHIBITS
Exhibit P1A TRUE PHOTOCOPY OF THE ORDER OF THE 4TH
RESPONDENT DATED 28.05.2021
Exhibit P2A TRUE PHOTOCOPY OF THE REPORT OF THE 3RD
RESPONDENT DATED 02.06.2021
Exhibit P3A TRUE PHOTOCOPY OF THE COMMUNICATION ISSUED
BY THE 3RD RESPONDENT DATED 17.06.2021
Exhibit P4A TRUE PHOTOCOPY OF THE COMMUNICATION ISSUED
BY THE 3RD RESPONDENT DATED 28.06.2021
Exhibit P5A TRUE PHOTOCOPY OF THE BUILDING PERMIT
(COMMERCIAL BUILDING) ISSUED BY THE 5TH
RESPONDENT DATED 22.07.2022
Exhibit P6A TRUE PHOTOCOPY OF THE LETTER DATED
26.07.2021 ISSUED FROM THE OFFICE OF THE 6TH
RESPONDENT TO THE 5TH RESPONDENT
Exhibit P7THE TRUE PHOTOCOPY OF THE ORDER OF THE 6TH
RESPONDENT DATED 21.12.2022
Exhibit P8THE TRUE PHOTOS OF THE EARTH AND STONES LYING
IN THE PROPERTY OF THE PETITIONER
Exhibit P9A TRUE PHOTOCOPY OF THE G. O. (P)
NO.16/2020/ID DATED 12.06.2020
Exhibit P10THE TRUE COPY OF THE APPLICATION DATED
15.01.2023 SUBMITTED TO THE DISTRICT
GEOLOGIST
RESPONDENTS’ EXHIBITS: NIL
3 issues framed by the court
Whether the District Geologist should be directed to inspect the petitioner's property and consider the application regarding mineral transit.
Whether the permission to remove ordinary earth and stones from the petitioner's property stands valid despite expiry of previous permission period.
Whether appropriate steps should be taken within a specific period for the mineral transit application.
2 provisions across 2 enactments
Dr. Jisha Philp
State of Kerala
Revenue Divisional Officer
Tahsildar
Village Officer
Secretary
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court