CHRISTY JACOB PAUL Vs. GEOLOGIST, KOCHI

JUDGEMENT

(1.) The petitioner, who is stated to be the owner in possession and title of 10.10 Ares of property in Block No. 5, R.S. No. 511/9 of Thrikkakara North Village in Kanayannur Taluk, has filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondent No. 2 to dispose of the application accompanying Exhibit-P8 for issuance of permit and transit pass under Kerala Minor Mineral Concession Rules, 2015 to take the materials excavated under Exhibit-P2 development permit; and a writ of mandamus commanding respondent No. 2 to issue permit and transit pass under the Kerala Minor Mineral Concession Rules, 2015 to the petitioner to take the materials excavated under Exhibit-P2 development permit based on remittance of royalty as per Exhibit-P9.

(2.) On 11.02.2016, when this writ petition came up for admission, learned Government Pleader was directed to get instructions.

(3.) A statement dated 29.06.2019 has been filed by the first respondent opposing the relief sought for in this Writ Petition, which is followed by an additional statement filed on 20.07.2019. Paragraphs 3 to 7 of the statement dated 29.06.2019 read as follows;