High Court of KeralaWP(C)/3047/2015disposed of

St.Sebastian'S Church v. The District Geologist

2015-01-30Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 WP(C).No. 3047 of 2015 (E) -------------------------------------- PETITIONER(S):

---------------------- ST.SEBASTIAN'S CHURCH, POYYA P.O., POYYA VLLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT REPRESENTED BY ITS VICAR FR. JOY SRAMBICAL S/O. C.P.PAILY, AGED 45 YEARS.

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

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

1. THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY THRISSUR DISTRICT-680001.

2. THE DIRECTOR MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695001.

3. THE STATE OF KERALA, REPRESENTED BY JOINT SECRETARY TO GOVERNMENT INDUSTRIAL DEPARTMENT, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3047 of 2015 (E) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE BUILDING PERMIT DATED 13.1.2015 ISSUED BY THE SECRETARY, POYYA GRAMA .

EXHIBIT P2:

TRUE COPY OF THE G.O.(P)NO.93/2014/ID DATED 30.6.2014 ISSUED BY THE GOVERNMENT OF KERALA.

EXHIBIT P3:

TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 11.11.20147 IN WPC NO.29788 OF 2014.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.3047 of 2015 --------------------------------------- Dated this the 30th day of January, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to issue sufficient P forms to the petitioner for transporting the earth removing by him on the basis of exhibit P1 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.

ii. Issue such other writ, orders or directions, which this Honourable Court may deem fit and proper in the interest of justice and circumstances of the case."

The learned counsel for the petitioner relies on Ext.P3 judgment dated 11.11.2014 in W.P.(C). No.29788 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.P2 Government Order bearing No.G.O.(P) No.93/2014/ID dated 30.06.2014, no quarrying permit is

W.P.(C) No.3047 of 2015 necessary for extracting ordinary earth. However, P Form is necessary to transport the excavated earth, if a valid permit has been obtained from the Local Authority for effecting construction of a residential building. In the said circumstance, the first respondent/Geologist is directed to issue P Forms to the petitioner on being satisfied with the genuineness of the claim of the petitioner as per Ext.P1 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 sp