NADARAJAN Vs. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) The petitioner, who apprehends that a mud cliff that is standing in his property comprising of 13.55 Ares of land in Sy.No.13/3-1 in Peringanadu Village, would cause danger to the residential house in the property, has obtained Ext.P3 report from the Village Officer and Ext.P4 recommendation by the Revenue Divisional Officer for the purposes of removing the mud cliff from his premises so as to render the residential premises safe for habitation. The case of the petitioner in the writ petition is essentially that, he had approached the 3rd respondent Geologist for the issuance of necessary transit passes for removing the earth, but the said respondent insisted on the petitioner complying with various conditions which are not prescribed in the statutory rules that govern the transportation of minerals. It is the case of the petitioner that when the statutory rules do not provide for restrictions in the matter of transportation of the earth, then it is not open to the District Collector or any authority to impose conditions contrary to the statutory Scheme of the Rules.

(2.) I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I am of the view that inasmuch as the petitioner has already obtained Ext.P3 report from the Village Officer and Ext.P4 recommendation by the Revenue Divisional Officer, the issuance of transit passes to the petitioner, for transporting the earth mined in his premises, must necessarily be considered by the Senior Geologist in the manner contemplated under the statutory rules [Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015]. Accordingly, I dispose the writ petition with the following directions: