Jose v. The Tahasildar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937 WP(C).No. 17528 of 2015 (M) ---------------------------- PETITIONER(S):
-------------------------- JOSE, S/O.VAREETH, CHERUVALKKARAN, VELLANIKODE, MUTTITHADI, THRISSUR DISTRICT-680 317.
BY ADV. SRI.K.I.SAGEER.
RESPONDENT(S):
----------------------------
1. THE TAHASILDAR, MUKUNDAPURAM TALUK, TALUK OFFICE, MUKUNDAPURAM, PIN-680 614.
2. THE VILLAGE OFFICER, KALLUR VILLAGE, KALLUR, THRISSUR DISTRICT, PIN-680 317.
3. SENIOR GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, MINI CIVIL STATION, CHEMBUKKAVU, THRISSUR, PIN-680 001.
BY GOVT. PLEADER SMT.C.K. SHERIN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 17528 of 2015 (M) APPENDIX PETITIONER'S EXHIBITS:- P1 :
A TRUE COPY OF THE LAND TAX RECEIPT DATED 24-07-2014 ISSUED BY THE 2ND RESPONDENT.
P2 :
TRUE COPY OF THE PERMIT NO.A2/7532/14/214 DATED 23-01-2015 ISSUED BY THE THRIKKUR GRAMA PANCHAYAT.
P3 :
A TRUE COPY OF THE GO[MS]NO.12/2014/EVNT DATED 15-11-2014. P4 :
A TRUE COPY OF THE ORDER DATED 05-02-2014 ISSUED BY KERALA LAND DEVELOPMENT CORPORATION LTD. TO ONE REJUMON VARGHESE. P5 :
A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY// P.A. TO JUDGE rs.
K. VINOD CHANDRAN, J.
--------------------------------------- --------------------------------------- Dated this the 11th day of June, 2015.
JUDGMENT
The case of the petitioner is that, on the strength of Ext.P2 building permit, the petitioner intends to construct a residential building for which purpose ordinary earth has to be removed from the property. But when the petitioner approached the third respondent/Geologist with a request for issuance of Mineral Transit pass to transport the ordinary 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, third respondent/District Geologist is directed to issue 'Mineral Transit Pass' in Form O(A) of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 (for brevity "Prevention Act"], without insisting for 'NOC'/Mining permit; however, the same shall be only on satisfaction of the genuineness of the claim of the petitioner based on the building permit issued by the Local Self Government Institution. It is made clear that the mining passes shall be issued only after the ordinary earth to be transported is stacked in the property which has to be physically inspected by the Geologist. The Geologist shall also issue as many number of passes as there are vehicles required for transporting the heaped quantity of ordinary earth
after ensuring that the entire details required in form O(A) is filled up by the petitioner. The petitioner shall also be liable to surrender the passes after the period expires. It goes without saying that the destination to which the ordinary earth is to be taken has to be specified in the passes, before it is issued by the respondent. The above exercise shall be done immediately on the petitioner approaching the Geologist, at any rate, within a period of two weeks from the date of such application being filed. Writ petition is disposed of.
Sd/- K. VINOD CHANDRAN, JUDGE sp