Allowed

Sai Krishnan.Vr v. the Director

Kerala HC17 Feb 2023WP(C)/2002/2023

Case brief

AI extract

What is this about?

This writ petition was filed seeking a writ of mandamus directing the second respondent to issue a Mineral Transit Pass to the petitioner for removing 2033.1 MT of ordinary earth and granting three weeks to remove and transport the earth, based on an existing building permit and royalty payment.

What did the court decide?

Directed the 2nd respondent to issue mineral transit pass within one month and grant necessary duration for removal and transport of ordinary earth.

Sai Krishnan.Vr Vs the Director — Constitutional and Fundamental Rights | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 17^TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944

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WP(C) NO. 2002 OF 2023

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PETITIONER:

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SAI KRISHNAN.VR AGED 28 YEARS S/O.RAMAKRISHNA PILLAI, MANAPPALLIL, KUNNATHOOR NADUVIL,KUNNATHOOR EAST P.O, KOLLAM DISTRICT, PIN - 690540

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BY ADVS. ABDUL RASHIQ A. DON PAUL SIYA N. BIPIN.K.S HARIKRISHNAN NAIR K.U.

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RESPONDENTS:

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1 THE DIRECTOR DEPARTMENT OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE PO, THIRUVANANTHAPURAM, PIN - 695004

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2 THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, KESAVANIKETHAN, ASRAMAM, KOLLAM, PIN - 691002

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3 THE ASSISTANT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, KESAVANIKETHAN, ASRAMAM, KOLLAM, PIN - 691002

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ADV PARVATHY K -GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2002 OF 2023

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JUDGMENT

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Dated this the 17^th day of February, 2023

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This writ petition is filed seeking the following reliefs:-

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issue a writ of mandamus or other appropriate writ, order or direction commanding 2^nd Respondent-Geologist to issue Mineral Transit Pass to the Petitioner for Removing 2033.1 MT of Ordinary Earth.

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ii. issue order or direction commanding 2^nd respondentGeologist to Grant Three Weeks’ time duration to the petitioners for removing 2033.1 MT of Ordinary earth.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that the petitioner has been issued the building permit for construction of a building in his property by the competent authority and that the petitioner has made a request for issuance of transit pass for removing ordinary earth from the property and transporting it. It is submitted that the same has not been considered. The learned counsel for the petitioner submits that the details of the earth to be removed from the property is available in the building permit and that the petitioner has also paid the royalty for the removal of the ordinary earth as stated in the building permit. It is submitted that

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WP(C) NO. 2002 OF 2023

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a site inspection has been conducted and royalty was also collected from the petitioner. It is therefore contended that the Geologist may be directed to consider the request made by the petitioner for transit pass and that sufficient time may be granted for removing the quantity of ordinary earth and transporting it outside the property.

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The learned Government Pleader submits that necessary site inspections have to be conducted and the transit pass will be issued with the duration required for transporting the earth from the property.

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In the above view of the matter, there will be a direction to the 2^nd respondent to issue mineral transit pass to the petitioner in the light of the building permit obtained by the petitioner within a period of one month from the date of receipt of a copy of this judgment. The transit pass shall have necessary duration for the removal of the ordinary earth as sought for by the petitioner.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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ska

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WP(C) NO. 2002 OF 2023

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PETITION	ER EXHIBITS
Exhibit	P1	TRUE COPY OF THE POSSESSION CERTIFICATE DATED 21.05.2022 ISSUED BY VILLAGE OFFICER,KUNNATHOOR VILLAGE,KUNNATHOOR TALUK
Exhibit	P2	TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONER BY THE KUNNATHOOR GRAMA PANCHAYATH DATED 10.05.2022.
Exhibit	P3	TRUE COPY OF THE DEVOLVEMENT PLAN ISSUED TO THE PETITIONER BY THE KUNNATHOOR GRAMA PANCHAYATH DATED 30.04.2022.
Exhibit	P4	TRUE COPY OF THE REPORT DATED 21.05.2022 ISSUED BY THE VILLAGE OFFICER, KUNNATHOOR VILLAGE,KUNNATHOOR TALUK TO THE 2ND RESPONDENT
Exhibit	P5	TRUE COPY OF JUDGEMENT OF THIS HON'BLE COURT IN WP(C) NO. 22346 OF 2022 DATED 11.07.2022.
Exhibit	P6	THE TRUE COPY OF THE PAYMENT OF CHALLAN RECEIPT, ISSUED BY 2ND RESPONDENT IN FAVOUR OF PETITIONER DATED 13.01.2023.
Exhibit	P7	TRUE COPY OF JUDGEMENT OF THIS HON'BLE COURT IN WP(C) NO. 33452 OF 2022 DATED 03.11.2022

Sai Krishnan.Vr v. the Director

Case brief

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Sai Krishnan.Vr v. the Director

Case brief

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