Ajith K. Cheriyan vs District Geologist Department Of Mining And Geology, Mini Civil Station, Aranmula, Pathanamthitta

Sathish Ninan, J

For construction of a building in the property of the petitioner, he obtained Exts.P1 and P2 Building Permit and Development Permit. Alleging that

the petitioner is not being issued with mineral transit passes by the respondent-Geologist for removal of earth in terms of the Development Permit, the

petitioner approached this Court in W.P.(C) No.3609/2021. Pending the writ petition, the Geologist conducted a site inspection and reported that

though as per the Development Permit 938.08 cubic meter earth was permitted to be removed, the actual quantity excavated is much more. The

petitioner undertook before this Court that he will pay penalty including royalty and fine. Accordingly the writ petition was disposed of directing the

Geologist to consider the request and pass appropriate orders.

It appears that, pursuant to the judgment in W.P.(C) No.3609/2021, the petitioner was required to pay royalty and fine amounting to `8,92,720/-for

excavation conducted beyond the permitted quantity. The petitioner has as per Ext.P4 paid the royalty and fine imposed. Thereafter as per Ext.P5, the

petitioner was issued with 1071 mineral transit passes for transport of 10712 MT of earth. According to the petitioner, on account of the lock down

imposed consequent on the Covid-19 Pandemic, and due to other related issues, out of the 1071 passes that were issued to the petitioner only 98

passes could be used. The remaining passes were surrendered before the Geologist on 28.04.2021. Now the petitioner seeks for renewal and re-

issuance of the remaining 973 passes.

Without expressing anything on the merits of the claim, it is ordered that, if the petitioner approaches the respondent and makes a request for

renewal and issuance of transit passes claimed to have been surrendered by him as noticed above, the respondent shall conduct site inspection, with

notice to the petitioner, and thereafter pass appropriate orders on such request. Let orders be passed within a period of six weeks from the date of

receipt of a copy of this judgment.