Thankappan v. The Dist.Geologist, Alappuzha

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937 WP(C).No.19805 of 2015 (A) PETITIONER'S:

---------------------- 1.

THANKAPPAN,AGED 49 YEARS,PADMA BHAVAN, CHARUMOODU,MAVELIKKARA, ALAPPUZHA DISTRICT-690 501.

2.

VIJAYAMMA,PADMA BHAVAN,CHARUMOODU, MAVELIKKARA,ALAPPUZHA DISTRICT-690 501.

BY ADVS.SRI.M.G.SREEJITH SRI.ASHOK SURESH RESPONDENT'S:

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THE DISTRICT GEOLOGIST, OFFICE OF THE MINING AND GEOLOGY, ALAPPUZHA DISTRICT-690 534.

2.

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

3.

STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT,GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. BY GOVT. PLEADER SMT.C.K.SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.19805 of 2015 (A) APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT P1:TRUE COPY OF THE BUILDING PERMIT DATED 18.12.14 ISSUED BY THE THAMARAKKULAM GRAMA PANCHAYATH.

EXHIBIT P2:TRUE COPY OF THE APPLICATION DATED 20.6.15 SUBMITTED BY THE PETITIONER.

RESPONDENT'S EXHIBITS:

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

K. VINOD CHANDRAN, J.

W.P(C). No.19805 of 2015-A Dated this the 01st day of July, 2015.

JUDGMENT

The case of the petitioners is that, on the strength of ExtP1 building permit, the petitioners intend to construct a residential building for which purpose ordinary earth has to be removed from the property. But when the petitioners approached the 1st respondent/District 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, 1st 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 petitioners 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 petitioners. The petitioners 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 petitioners 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