High Court of KeralaWP(C)/36091/2015disposed of

Sooraj v. The District Geologist

2015-11-30Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937Q WP(C).No. 36091 of 2015 (J) ---------------------------- PETITIONER :

-------------------------- SOORAJ, AGED 45 YEARS S/O.DEVAN, KARUVAPPETTIPURA, MALAMPUZHA VILLAGE, PALAKKAD DISTRICT BY ADV. SRI.P.M.ZIRAJ RESPONDENTS :

----------------------------

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 R BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 36091 of 2015 (J) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE BUILDING PERMIT DATED 28.10.2014 ISSUED BY THE SECRETARY, ALAGAPPANAGAR GRAMA PANCHAYAT EXT.P2 : COPY OF THE PERMIT ISSUED BY THE FIRST RESPONDENT DATED 9.2.2015 EXT.P3 : COPY OF RECEIPT OF ROYALTY DATED 6.3.2015 EXT.P4 : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 17.11.2015 BEFORE THE FIRST RESPONDENT RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.36091 of 2015 ----------------------------------- Dated this the 30th day of November, 2015

J U D G M E N T

The petitioner has obtained Ext.P1 building permit for the construction of a residential building. The petitioner has also been granted necessary O(A) forms, as per Ext.P2, to transport 900 cubic metres of ordinary earth from the site covered by the building permit. The petitioner has approached this Court seeking a direction to issue necessary O(A) forms to remove the balance earth quantity from the site so as to construct a residential building.

2. Considering the facts and circumstances, this Court is of the view that, the 1st respondent shall conduct an inspection of the site and find out the quantity of earth required to be removed from there to construct the residential building as per the building permit. Thereafter, if necessary, required O(A) forms shall be released to the petitioner within three weeks therefrom. Needless to say that, if any royalty is leviable, the same shall also be collected from the petitioner. Any excess royalty paid shall be adjusted against any amount payable. Geologist shall not restrict the number of vehicles for the purpose of transporting.

This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.