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Fathima Abdul Azeez And Ors vs District Geologist And Ors

High Court Of Kerala · Decided on 5 January 2021 · Citation: (2021) 01 KL CK 0097

HON’BLE JUDGES
P.B. Suresh Kumar, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 27516 Of 2020
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Judgment

5 paragraphs · 320 words
1.

Petitioners propose to put up a building measuring 2952.24 square metres in a land owned by them within the limits of Erumappetty Grama Panchayat. The said land needs to be developed by removing ordinary earth for the purpose of putting up the building proposed by them. The petitioners, therefore obtained Ext.P3 development permit and Ext.P4 building permit for the said purpose. Thereupon, the petitioners have applied for quarrying permit to remove ordinary earth from the land. The application preferred by the petitioners in this regard has been rejected by the first respondent in terms of Ext.P6 communication. Ext.P6 communication is under challenge in the writ petition.

2.

Heard the learned counsel for the petitioners as also the learned Government Pleader.

3.

It is seen that in the light of the amendment introduced to Rule 14 of the Kerala Minor Mineral Concession Rules, 2015 and in terms of G.O.(P) No.16/2020, quarrying permit is not required for removing ordinary earth from the site where the petitioners propose to put up the building. As per the rules now in force, the petitioners need only obtain mineral transit passes in accordance with the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 for the said purpose.

4.

Insofar as the petitioners need not have to obtain quarrying permit for the purpose of removing ordinary earth from the site where they propose to put up the building, it is unnecessary to examine the correctness of Ext.P6 order.

The writ petition, in the circumstances, is disposed of permitting the petitioners to prefer application before the first respondent for mineral transit passes in terms of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015. Needless to say that if the petitioners prefer application for mineral transit passes, appropriate decision shall be taken by the first respondent on the said application, within one month from the date of receipt of the application.