High Court of KeralaWP(C)/12343/2015disposed of

Muhammedali v. The District Geologist

2015-04-10Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12343 of 2015 (P) ---------------------------- PETITIONER :

----------------------- MUHAMMEDALI,S/O.ALI, AGED 45 YEARS, KOTTALYKUDY HOUSE, KIZHAKKAMBALAM VILLAGE, KIZHAKKAMBALAM.P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683 566.

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

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

1. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, ERNAKULAM DISTRICT-682 030

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

3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.12343/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE BUILDING PERMIT DATED 24/3/2015 ISSUED BY THE SECRETARY, KIZHAKKAMBALAM GRAMA PANCHAYATH.

P2 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 26/3/2015.

P3 COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 05/03/2015 IN WP(C).NO.7072 OF 2015.

RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO JUDGE sts

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 12343 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 10th day of April, 2015

JUDGMENT

The case of the petitioner is that, on the strength of Ext.P1 building permit issued by the local authority, 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 for construction of residential building including flats or commercial buildings having a plinth area upto 300 square metres no quarrying permit is required to be obtained under the Rules, if the owner of the land has obtained a prior valid permit for such construction from the concerned Local Self Government authority. The said Rule reads as follows:

"14. Quarrying permit for Ordinary earth:

(1) A quarrying permit under these rules shall be

W.P.(C) No. 12343 of 2015 : 2 :

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."

W.P.(C) No. 12343 of 2015 : 3 :

4. In the above facts and circumstances, the first respondent/District Geologist is directed to conduct a spot inspection and issue 'Mineral Transit Pass' in Form O(A), on being satisfied with the genuineness of the claim of the petitioner based on Ext.P1, 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) kmd