WP(C) NO. 40076 OF 2023 1 2025:KER:29706 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 40076 OF 2023 PETITIONER: EVERSHINE MINERALS AND METALS REPRESENTED BY ITS PARTNER JENSON PAUL, S/O M.P PAUL, AGED 54 YEARS, HAVING OFFICE AT 10F, PARTHENON APARTMENTS, MAROTTICHUVADU, EDAPALLY, KOCHI, PIN – 682 024 BY ADVS. SRI.JOY GEORGE SMT.TANYA JOY SMT.PRAICY JOSEPH RESPONDENTS: 1 THE DIRECTOR MINING AND GEOLOGY DEPARTMENT, THIRUVANATHAPURAM, PIN – 695 004 2 THE DISTRICT GEOLOGIST MINING AND GEOLOGY DEPARTMENT PALAKKAD DISTRICT, PIN – 678 014 3 DISTRICT COLLECTOR & CHAIRMAN SINGLE WINDOW CLEARANCE BOARD, CIVIL STATION, PALAKKAD COLLECTORATE, PALAKKAD DISTRICT PIN – 678 001 4 THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE & CONVENER, SINGLE WINDOW CLEARANCE BOARD, DISTRICT INDUSTRIES CENTRE, PALAKKAD DISTRICT., PIN – 678 001 WP(C) NO. 40076 OF 2023 2 2025:KER:29706 *5 ADDL.R5: THE PRINCIPAL SECRETARY INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 014. (ADDL.R5 IS IMPLEADED AS PER ORDER DATED 10.03.2025 IN IA NO.1/2025 IN WP(C) NO.40076/2023.) SRI. RAJEEV JYOTHISH GEORGE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 40076 OF 2023 3 2025:KER:29706 T.R.RAVI.J ----------------------------------------- WP(C) No.40076 of 2023 ---------------------------------------- Dated this the 04th day of April, 2025 JUDGMENT The petitioner seeks a direction to issue transit permit. By Ext.P4 judgment, this Court had directed that the application submitted by the petitioner to be considered and orders issued. Thereafter, the matter was again taken up this Court in WPC.No.26898/2023, which was disposed of by Ext.P13 judgment directing the Geologist to take a decision in the matter of issuing Mineral Transit Pass to the petitioner, taking note of the communication dated 26.07.2023 of the Deputy Chief Controller of Explosives and issue Mineral Transit Pass to the petitioner within a period of two weeks. However, the petitioner was not issued with the pass even thereafter, which has resulted in filing of this writ petition. 2. A statement has been filed by the 2nd respondent, wherein it is stated that unless the petitioner obtains permission from the Government under Rule 104 of Kerala Minor Mineral Concession Rules, 2015, transit pass cannot be WP(C) NO. 40076 OF 2023 4 2025:KER:29706 issued to the petitioner from the office of the Geologist. A letter dated 30.11.2023 from Geologist to the Mining and Geology Director, Thiruvananthapuram addressing the above facts has been produced as Annexure R2(a). Annexure R2(a) also says that all the required documents have been forwarded along with the letter. Since the Government is the authority to pass orders, it may not be possible for the 1st respondent to pass orders. 3. The writ petition is hence disposed of directing the 1st respondent to forward the documents received along with Annexure R2(a) to the additional 5th respondent within a week from the receipt of a certified copy of this judgment and the additional 5th respondent shall issue necessary orders on the application submitted by the petitioner, after hearing the petitioner, at the earliest, at any rate within one month of the receipt of the documents from the 1st respondent. The petitioner shall make available a copy of this writ petition along with the certified copy of the judgment before the 1st respondent for necessary compliance. Sd/- sn T.R.RAVI, JUDGE WP(C) NO. 40076 OF 2023 5 2025:KER:29706 APPENDIX OF WP(C) 40076/2023 PETITIONER’S EXHIBITS Exhibit P1 THE TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE ISSUED BY THE 4 TH RESPONDENT, GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, AND THE CONVENER OF SINGLE WINDOW CLEARANCE BOARD, PALAKKAD, KERALA DATED 2.12.2022 Exhibit P2 THE TRUE COPY OF THE APPLICATION FOR TRANSIT PERMIT SUBMITTED BY THE FIRM FOR THE TRANSPORTATION OF ORDINARY EARTH AND HARD ROCK DATED 3.5.2023 BEFORE THE 2ND RESPONDENT Exhibit P3 THE TRUE COPY OF THE REMINDER APPLICATION SUBMITTED BY THE PETITIONER DATED 19.05.2023 BEFORE THE 2ND RESPONDENT Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED 30.06.2023 IN WP(C) 20039/23 Exhibit P5 THE TRUE COPY OF THE ORDER E.NO.51/2023-24/OE/DOP/198/2022/A2 DATED 20.07.2023 PASSED BY THE 2ND RESPONDENT Exhibit P6 THE TRUE COPY OF THE LETTER DATED 2.8.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P7 THE TRUE COPY OF THE REPLY LETTER OF THE DEPUTY CONTROLLER OF EXPLOSIVES TO THE 2ND RESPONDENT Exhibit P8 THE TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT AS DICPKD/828/2023-VI Exhibit P9 THE TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 09.06.2023 AS DICPKD/101/2023-C3 Exhibit P10 THE TRUE COPY OF THE CIRCULAR DATED 24.06.2023 ISSUED BY THE MINING AND GEOLOGY DIRECTORATE Exhibit P11 THE TRUE COPY OF THE KERALA MICRO SMALL MEDIUM ENTERPRISES FACILITATION ACT, 2019 Exhibit P12 THE TRUE COPY OF THE DETAILS OF BLASTING OF WP(C) NO. 40076 OF 2023 6 2025:KER:29706 ROCKS UPLOADED BY THE LICENSEE IN THE SITE OF PESO Exhibit P13 THE TRUE COPY OF THE JUDGMENT DATED 17.08.2023 IN WP(C) 26898/23 Exhibit P14 THE TRUE COPY OF THE LETTER NO. DOPAL-DMG/198/2022-M DATED 23.09.2023 Exhibit P15 THE TRUE COPY OF THE NOC NO. 254738/23 DATED 27.10.23 OF REVENUE DIVISIONAL OFFICER PALAKKAD Exhibit P16 THE TRUE COPY OF THE ACKNOWLEDGMENT OF NON- ASSIGNMENT CERTIFICATE, DEMARCATION CERTIFICATE, DMB SKETCH, LOCATION SKETCH BY THE 2ND RESPONDENT DATED 31.10.2023 Exhibit P17 THE TRUE COPY OF THE LETTER DATED 17.11.2023 TO THE 1ST RESPONDENT WITH COPY TO THE 2ND RESPONDENT RESPONDENT ANNEXURES Annexure R2(a) A true copy of the letter No.DOPAL-DMG/ 1148/2023-M dated 30.11.2023.