Thomas v. Geologist

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937 WP(C).No. 16739 of 2015 (N) -------------------------------------- PETITIONER(S):

----------------------- THOMAS, AGED 55 YEARS, S/O. VARUNNI, CHERADAI HOUSE, P.O. KOTTANALLUR, THRISSUR DISTRICT.

BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENT(S):

-------------------------- GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, AYYANTHOLE, THRISSUR,PIN:680 003.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 16739 of 2015 (N) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE SALE DEED DATED 20.1.1999 EXECUTED IN FAVOUR OF THE PETITIONER.

EXHIBIT P2: TRUE COPY OF THE PROCEEDINGS OF THE VELUKKARA GRAMAPANCHAYATH DATED 26.5.2015.

RESPONDENT(S)' EXHIBITS:

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

K. VINOD CHANDRAN, J.

--------------------------------------- --------------------------------------- Dated this the 4th day of June, 2015.

JUDGMENT

The case of the petitioner is that, on the strength of the building permit issued by the Velukkara Grama Panchayat, the petitioner levelled the property by removing ordinary earth for construction of a residential house. 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 Rule 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, first respondent/ District Geologist is directed to issue 'Mineral Transit Pass' in Form O(A), if the petitioner makes an application for the same with the copies of the building permit and on being satisfied with the genuineness of the claim of the petitioner based on the building permit issued by the Panchayat, without insisting for 'NOC'/ Mining permit; in accordance with law, which shall be done at the earliest at any rate within 'two weeks' from the date of receipt of the application, if necessary after a site inspection. 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/- K. VINOD CHANDRAN, JUDGE sp