High Court of KeralaWP(C)/14403/2015disposed of

T.V.Anoop v. The District Geologist, Thrissur

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 14403 of 2015 (A) ---------------------------- PETITIONER(S) :- ------------------- T.V.ANOOP, AGED 30 YEARS S/O.VENU, THUMBARATHY HOUSE, PALLIKUNNU DESAM MATTATHUR VILLAGE, KODALY.P.O., CHALAKKUDY TALUK THRISSUR DISTRICT.

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

1. THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY THRISSUR DISTRICT-680 001.

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 GOVERNMENT PLEADER SRI.MOHAMED SHAFI M.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 14403 of 2015 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- P1- TRUE COPY OF THE BUILDING PERMIT DATED 18.02.2015 ISSUED BY THE SECRETARY, MATTATHUR GRAMA PANCHAYATH.

P2- TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 2.5.2015.

RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

A. MUHAMED MUSTAQUE, J.

------------------------------------------ W.P.(C) No.14403 of 2015 ------------------------------------- Dated this the 12th day of May 2015

J U D G M E N T

The petitioner is the holder of a residential building permit. He wants to extract ordinary earth from the site covered by the building permit.

In view of Government Order, G.O.(P).No.93/2014/ID, dated 30/06/2014, no quarrying permit is necessary for extracting ordinary earth. However, for transporting ordinary earth, 'O(A)' form is necessary. Accordingly, there shall be a direction to the first respondent to issue 'O(A)' form on being satisfied with the genuineness of the claim of the petitioner based on Ext.P1 building permit without insisting for No-objection Certificate within a period of ten days. The first respondent need not restrict the petitioner to limit the number of vehicle to be used for transporting earth. However, in the O(A) form the vehicle's registration number shall be mentioned.

The writ petition is disposed of as above. No costs. Sd/- A. MUHAMED MUSTAQUE J UDGE Jvt