High Court of KeralaWP(C)/6533/2015disposed of

Sankarankutty v. The District Geologist

2015-03-02Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 WP(C).NO. 6533 OF 2015 (N) --------------------------- PETITIONER(S):

-------------------------- SANKARANKUTTY, S/O. MADAVAN NAIR, AGED 43 YEARS, KIZHAKKETHIL HOUSE, DESAMANGALAM VILLAGE, DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI.PRABHAKARAN. K., S/O. SANKARAN, AGED 45 YEARS, KUNNATH HOUSE, PALLUR VILLAGE, VARAVATTOOR DESOM, THRISSUR DISTRICT.

BY ADV. SRI.SHOBY K.FRANCIS.

RESPONDENT(S):

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

1. DISTRICT GEOLOGIST, OFFICE OF THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR - 680 003.

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

3. THE VILLAGE OFFICER, DESAMANGALAM VILLAGE, DESAMANGALAM P.O., THRISSUR - 679 532.

BY GOVT. PLEADER SRI.JOSEPH GEORGE.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).NO. 6533 OF 2015 (N) APPENDIX PETITIONER'S EXHIBITS:- P1 - TRUE COPY OF THE BASIC TAX RECEIPT DATED 25.04.2014 ISSUED BY THE VILLAGE OFFICER.

P2 - TRUE COPY OF THE POSSESSION CERTIFICATE DATED 24.01.2015 ISSUED BY THE 3RD RESPONDENT.

P3 - TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE LOCAL GRAMA PANCHAYATH TO THE PETITIONER DATED 04.02.2015. P4 - TRUE COPY OF THE GOVERNMENT NOTIFICATION GO(P) NO. 93/2014/ID DATED 30.06.2014.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

P.R.RAMACHANDRA MENON, J.

----------------------------------------- ----------------------------------------- Dated this the 2nd day of March, 2015

JUDGMENT

The case of the petitioner is that, on the strength of Ext.P3 building permit, the petitioner levelled the property by removing ordinary earth for construction of a residential building. But when the petitioner approached the first respondent/District Geologist with a request for issuance of Mineral Transit pass to transport the earth from his property, it was refused to be acted upon.

2. Heard the learned Government Pleader as well.

3. By virtue of Rule 14 of the Kerala Minor Mineral Concession Rules, 2015 the persons doing construction of residential building including flats or commercial buildings having a plinth area upto 300 square metres are exempted from obtaining quarrying permit under the Rules, if the owner of the land has obtained a prior valid permit for construction of such building from the concerned Local Self Government authority.

The said Rules reads as follows:

"14. Quarrying permit for Ordinary earth: (1) A quarrying permit under these rules shall be obtained for extraction of ordinary earth used for filling or levelling purposes in construction of embankments, roads, railways or buildings in Form N:

(2) Notwithstanding anything contained in sub-rule (1), no quarrying permit is required under these rules for extraction of ordinary earth in connection with the construction of residential buildings including flats or commercial buildings having a plinth area of 300 square metres if the owner of the land obtained a prior valid permit for construction of such building from the Local Self Government authorities concerned;

Provided that in cases where transportation of ordinary earth is required, the owner shall pay royalty for the quantity to be transported and shall obtain mineral transit passes under the Kerala State Minerals (Prevention of illegal mining, storage and transportation) Rules, 2015 from the competent authority;

Provided further that the competent authority shall not issue mineral transit

passes for removal of ordinary earth exceeding the quantity needed to be extracted, as ascertained by it through a site inspection."

In the above facts and circumstances, first respondent/District Geologist is directed to issue 'Mineral Transit Pass' in Form O(A), on being satisfied with the genuineness of the claim of the petitioners based on Ext.P3 building permit, without insisting for 'NOC'/Mining permit; in accordance with law, which shall be done 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 this judgment along with a copy of the writ petition before the first respondent/District Geologist for further steps.

The writ petition is disposed of.

Sd/- P.R.RAMACHANDRA MENON, JUDGE.

rkc.