Samuel v. The District Geologist

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 10513 of 2015 (L) ------------------------------------- PETITIONER:

------------------- SAMUEL,S/O.YOHANNAN,AGED 47 YEARS, KANIKULATH HOUSE,VANIAMPARA P.O, PEECHI VILLAGE,THRISSUR TALUK,THRISSUR DISTRICT BY ADV. SRI.P.M.ZIRAJ RESPONDENTS:

------------------------ 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, THIRUVANTHAPURAM - 695001.

3.

THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT,GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. R1 TO R3 BY GOVERNMENT PLEADERSRI.JOSEPH GEORGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.10513 of 2015 (L) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------- EXT.P1-TRUE COPY OF THE BUILDING PERMIT 19.3.2015 ISSUED BY THE SECRETARY, PANANCHERY GRAMA PANCHAYATH.

EXT.P2-TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT SECTION, PANANCHERY GRAMA PANCHAYATH DATED 23.3.2015 CERTIFYING THAT EXCAVATION AND REMOVAL OF EARTH IS REQUIRED FOR THE CONSTRUCTION OF PROPOSED BUILDING.

EXT.P3-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 24.3.2015.

EXT.P4-TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 5.3.2015 IN WP(C) NO.7055 OF 2015 RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

P.R. RAMACHANDRA MENON, J.

.............................................................................. ......................................................................... Dated this the 31st March, 2015

J U D G M E N T

The case of the petitioner is that, on the strength of Ext.P1 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."

4. In the above facts and circumstances, the 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.P1 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.

P.R.RAMACHANDRA MENON JUDGE lk