High Court of KeralaWP(C)/27409/2015disposed of

Ayana Thankachan v. Geologist

2015-09-10Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937 WP(C).No. 27409 of 2015 (A) -------------------------------------------- PETITIONER(S) :

------------------------- AYANA THANKACHAN, AGED 20 YEARS, D/O.THANKACHAN, OTHOTTIL HOUSE, P.O.MUTTITHADY, VELLANIKKODE, THRISSUR DISTRICT.

BY ADV. SRI.K.I.SAGEER RESPONDENT(S) :

---------------------------- GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, MINI CIVIL STATION, CHEMBUKKAVU, THRISSUR- 20. BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 27409 of 2015 (A) -------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- EXHIBIT P1: A TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KALLUR.

EXHIBIT P2: A TRUE COPY OF THE LAND TAX RECEIPT DATED 21.04.2015 ISSUED BY THE VILLAGE OFFICER, KALLUR.

EXHIBIT P3: A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 29.06.2015 ISSUED BY THE VILLAGE OFFICER, KALLUR. EXHIBIT P4: A TRUE COPY OF THE BUILDING PERMIT NO.A2-4613/15-16/120 DATED 19.08.2015 ISSUED BY THE THRIKKUR GRAMA PANCHAYATH TO THE PETITIONER.

EXHIBIT P5: A TRUE COPY OF THE APPROVED PLAN OF THE PROPOSED RESIDENTIAL BUILDING IN RELATION TO PER EXT.P4. RESPONDENT(S)' EXHIBITS :

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

Msd.

A. MUHAMED MUSTAQUE, J.

................................................. ............................................... Dated this the 10th day of September, 2015

JUDGMENT

The case of the petitioner is that, on the strength of Ext.P4 Building Permit, the petitioner levelled the property by removing ordinary earth for construction of a residential building. But when the petitioner approached the respondent/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 Counsel for the petitioner and the learned Government Pleader.

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, respondent/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"], on being satisfied with the genuineness of the claim of the petitioner based on Exhibit P4 Building permit, 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 a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the respondent/Geologist for further steps.

The writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE JUDGE AMV/10/09/