2025:KER:29539 W.A.No.1234 of 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WA NO. 1234 OF 2023 AGAINST THE JUDGMENT DATED 02.05.2023 IN WP(C) NO.36460 OF 2022 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS 1 & 2 IN W.P.(C): 1 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN – 682030. 2 RANGE FOREST OFFICER, KOTHAMANGALAM RANGE, ERNAKULAM DISTRICT, PIN – 686693. BY ADV. SRI.T P SAJAN SPL.GOVT.PLEADER RESPONDENT/PETITIONER IN W.P.(C): POULI GEORGE PALATHUNGAL HOUSE, MANIMARUTHUCHAL, OONNUKAL, NERIAMANGALAM, ERNAKULAM DISTRICT, PIN – 686693. BY ADV BINU PAUL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29539 W.A.No.1234 of 2023 2 NITIN JAMDAR, C.J. & S.MANU, J. -------------------------------------------------- W.A.No.1234 of 2023 ------------------------------------------------- Dated this the 04th day of April, 2025 JUDGMENT S.MANU, J. This appeal is filed by the Respondents in W.P. (C)No.36460/2022. By a common judgment dated 2 May 2023 the learned Single Judge disposed of the writ petition along with 3 other similar cases. Prayer in the writ petition was for directing the District Geologist to issue Mineral Transit Pass under the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 for transporting sand from the property of the Petitioner. The Respondent filed the writ petition as the Geologist did not consider the request for pass mainly for the reason that the property was assigned under the Kerala Land Assignment (Regularisation of Occupation of Forest Lands prior to 1.1.1977) Special Rules, 1993. The learned Single Judge directed the Geologist to consider the application and issue pass 2025:KER:29539 W.A.No.1234 of 2023 3 to the Respondent if otherwise eligible. Writ appeals 1251, 1077 and 1111 of 2023 filed by the State challenging the common judgment were disposed by this Court on 23 October 2024. This writ appeal is also hence disposed of in terms of the said judgment. 2. The impugned judgment is hence set aside and the writ petition is restored to the file of the learned Single Judge for fresh consideration. Parties will be free to seek amendment of their pleadings and appropriate decision may be taken by the learned Single Judge. 3. Writ appeal is disposed of as above. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S.MANU JUDGE skj