VINOD KUMAR Vs. DISTRICT GEOLOGIST

JUDGEMENT

(1.) The petitioner, who is stated to be the owner of a property having an extent of 11.02 Ares comprised in Re-survey No.S-216/11-3 of Ezhamkulam Village, has obtained Ext.P1 building permit issued by the Secretary of the Ezhamkulam Grama Panchayath dated 17.12.2018 and Ext.P2 development permit dated 17.12.2018. On 22.02.2019, the petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 1st respondent to issue transit permit and sufficient transit passes to transport ordinary earth extracted by him from the said property, for the purpose of construction of a residential building, after receipt of royalty, without insisting mining permit or environmental clearance, as provided under Rules 14 and 106 of the Kerala Minor Mineral Concession Rules, 2015, within a reasonable period. The petitioner has also sought for a direction to the 1st respondent to consider Ext.P3 application dated 04.02.2019 within a reasonable period.

(2.) On 25.02.2019, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.

(3.) On 25.03.2019, when this writ petition came up for consideration, the learned Government Pleader, on instructions from the 1st respondent District Geologist, submitted that Ext.P3 application made by the petitioner was received in the office of the said respondent only on 23.03.2019, by speed post and that, the said application was not enclosed with any of the mandatory documents, which should accompany such an application for mineral transit passes. As the learned counsel for the petitioner disputed the said fact, the learned Government Pleader was directed to make available for the perusal of this Court, the original of Ext.P3 application, along with the envelope.