This order addresses the petitioner extraction of boulders versus ordinary earth. The court noted the responsibility to obtain specific transit pass and royalty and inviting proper application.
Court asked petitioner to submit proper transit pass application with payment.
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 15TH DAY OF FEBRUARY 2023 / 26TH MAGHA, 1944
WP(C) NO. 4229 OF 2023
PETITIONER:
NOUFAL N AGED 28 YEARS S/O NOUSHAD, NOUSHAD MANZIL, PATHIRIKKAL PO, KOLLAM, PIN - 689695 BY ADV M.R.SASITH
RESPONDENT:
THE DISTRICT GEOLOGIST MINING AND GEOLOGY DEPARTMENT, OFFICE OF DISTRICT GEOLOGIST, ASRAMAM, KOLLAM, PIN - 691008
BY SRI.APPU.P.S-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.4229 OF 2023
2
JUDGMENT
Dated this the 15th day of February, 2023
Learned counsel for the petitioner submits that the petitioner has obtained permission for removal of ordinary earth from the property and transit passes have already been issued. However, when the earth was being removed, large boulders were also extracted from the property. The petitioner submits that he may be permitted to transport the said rocks outside the property and Exhibit P4 request has been made before the respondent by the petitioner.
W.P.(C)No.4229 OF 2023
3
transported. In case the petitioner submits a proper application for mineral transit pass for transportation of th boulders before the respondent, supported by necessary payments, the same shall be considered appropriately and decided in accordance with law without undue delay.
Sd/ANU SIVARAMAN JUDGE
SSK/15/02
W.P.(C)No.4229 OF 2023
4
APPENDIX
PETITIONER'S EXHIBITS:
| Exhibit P1 | THE | TRUE | COPY | OF BUILDING PERMIT ISSUED BY |
|---|---|---|---|---|
| PIRA | VANTH | OOR GRA | MA PANCHAYATH DATED 03.09.2021 | |
| Exhibit P2 | THE THE |
TRUE PANCH |
COPY OF AYATH D |
DEVELOPMENT PERMIT ISSUED FROM ATED 03.09.2021 |
| Exhibit P3 | THE RESP |
TRUE ONDEN |
COPY OF T DATED |
TRANSIT PASS ISSUED BY THE 1ST 13.07.2022 |
| THE | TRUE | OF THE | REPRESENTATION SUBMITTED BY THE | |
| Exhibit P4 | PETI | TIONE | R BEFO | RE THE 1ST RESPONDENT DATED |
| 23.1 | 2.202 | 2 | ||
| Exhibit P5 | THE THE |
TRUE NEWS |
COPY OF OF HIGH |
THE NEWSPAPER REPORT REGARDING TIDES |
| **RESPONDENTS' ** | EXHIBITS | : |
NIL |
SSK //TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the petitioner can transport boulders extracted from his property without a specific transit pass and royalty payment.
1 provisions across 1 enactments
Noufal N
The District Geologist
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
