High Court of KeralaWP(C)/38377/2015disposed of

Ayoob v. Geologist

2015-12-17Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 WP(C).No. 38377 of 2015 (V) -------------------------------------------- PETITIONER(S) :

-------------------------- AYOOB, AGED 44 YEARS, S/O.UNNIMAMMADAJI, KADOORAN HOUSE, IRUVETTY, THOTTILANGADI.P.O, ERNAD TALUK, MALAPPURAM.

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

----------------------------- GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MALAPPURAM DISTRICT, PIN-676 505.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 38377 of 2015 (V) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- P1:

A TRUE COPY OF THE LOCATION MAP IN RESPECT OF 2.834 HECTORS OF PROPERTY IN R.SY.NO.449/PT OF KAVANUR VILLAGE AS PER DOCUMENT NO.5943/2009 OF S.R.O, AREACODE.

P2:

A TRUE COPY OF THE LAND TAX RECEIPT DATED 29-09-2015 ISSUED BY THE VILLAGE OFFICER, KAVANUR VILLAGE.

P3:

A TRUE COPY OF THE BUILDING PERMIT NO.A7/61/15-16 DATED 18-11-2015 ISSUED BY KAVANUR GRAMA PANCHAYATH TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A. MUHAMED MUSTAQUE, J.

======================== W.P.(C). No.38377 of 2015 -------------------------------------------- Dated this the 17th day of December, 2015

JUDGMENT

The petitioner is the owner of Ext.P3 building permit. Petitioner wants to remove the weathered sand from the building site. Petitioner approached the Geologist in terms of Rule 106 of Kerala Minor Mineral Concession Rules, 2015, seeking Form O(A).

2. In view of the fact that the petitioner is the owner of valid building permit, this Court is of the view that after conducting enquiry, necessary Form O(A) shall be issued to the petitioner in terms of Rule 106 of the Kerala Minor Mineral Concession Rules, 2015. Needless to say that necessary royalty shall be collected from the petitioner. Needful shall be done within two weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

A. MUHAMED MUSTAQUE, JUDGE.

kp/-/17.12.15