High Court of KeralaWP(C)/1526/2015disposed of

Navabharath Library v. The District Geologist

2015-01-15Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 WP(C).No. 1526 of 2015 --------------------------------- PETITIONER(S):

----------------------- NAVABHARATH LIBRARY, SOORANADU, KOLLAM REPRESENTED BY ITS PRESIDENT JOSE THOMAS, S/O.THOMAS AGED 32 YEARS, PANIKKAVEETTIL PADINJATTATHIL SOORANADU NORTH VILLAGE, KUNNATHUR TALUK KOLLAM DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

-------------------------

1. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY KOLLAM DISTRICT-682030.

2. THE DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM PATTAM, THIRUVANANTHAPURAM-695 001.

3. THE STATE OF KERALA, REPRESENTED BY JOINT SECRETARY TO GOVERNMENT INDUSTRIAL DEPARTMENT, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY SENIOR GOVERNMENT PLEADER SRI.MUHAMMED SHAFI.M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1526 of 2015 -------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 TRUE COPY OF AFFILIATION CERTIFICATE DATED 05-02-2010 ISSUED BY THE SECRETARY, KERALA STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM.

EXT P2 TRUE COPY OF THE AFFILIATION CERTIFICATE DATED 10-06-2009 ISSUED BY THE MEMBER SECRETARY, KERALA STATE YOUTH WELFARE BOARD, THIRUVANANTHAPURAM.

EXT P3 TRUE COPY OF THE TAX RECEIPT DATED 10-11-2014 ISSUED BY THE VILLAGE OFFICER, SOORANAD NORTH VILLAGE.

EXT P4 TRUE COPY OF THE LOCATION CERTIFICATE OF THE PROPERTY OF PETITIONER DATED 10-11-2014 ISSUED BY THE VILLAGE OFFICER, SOORANAD NORTH VILLAGE.

EXT P5 TRUE COPY OF THE BUILDING PERMIT DATED 01-12-2014 ISSUED BY THE SOORANAD NORTH GRAMA PANCHAYATH.

EXT P6 TRUE COPY OF THE APPLICATION DATD 29-12-2014 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

EXT P7 TRUE COPY OF THE G.O.(P).NO.93/2014/ID DATED 30-06-2014. EXT P8 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 11-11-2014 IN WP(C).NO.29788 OF 2014. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 1526 of 2015 -------------------------------------------- Dated this the 15 th day of January, 2015

JUDGMENT

The petitioner has approached this Court with the following prayer:

"i. Issue a writ of mandamus or any other appropriate writ order of direction, directing the first respondent to issue sufficient P forms to the petitioner for transporting the earth removing by them on the basis of Ext.P5 building permit after conducting a site inspection and after receipt of the royalty fixed by the first respondent within a reasonable period which this honourable Court may deem and proper in the interest of justice and circumstances of the case.

The learned counsel for the petitioner relies on Ext.P8 judgment dated 11.11.2014 in W.P.(C). Nos. 29788 & 29795 of 2014 and seeks to extend similar benefits to the petitioner as well.

2. Heard the learned Government Pleader and the learned counsel for the petitioner.

3. In view of Ext.P7 Government Order bearing No. G.O.(P) No. 93/2014 ID dated 30.06.2014, no quarrying permit is necessary for extracting ordinary earth if a valid building permit for construction of a residential building is obtained. However, P

W.P.C. No. 1526 of 2015 -2Form is necessary to transport the excavated earth. In the said st respondent/District Geologist is directed to circumstance, the 1 issue P Forms to the petitioner on being satisfied with the genuineness of the claim of the petitioner as per Ext.P5 building permit, without insisting for No Objection Certificate. The proceedings as above shall be finalized at the earliest, at any rate, within 'ten days' from the date of receipt of a copy of this judgment.

The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for further steps. The writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE.

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