AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
5 paragraphs · 345 wordsN.Nagaresh, J
In these writ petitions, the petitioners seek to declare that they are entitled to Development Permit as per Rule 5 of the Kerala Panchayat Building Rules since the petitioners have produced application along with all required documents.
The issue involved is as to the entitlement of the petitioners to receive mineral transit passes to transport ordinary earth which would be required for the building construction undertaken by them. It is the contention of the petitioners that in the absence of land development permit, the Geologist will not issue mineral transit pass.
This Court had occasion to consider the issue in Ramachandran v. Vellavoor Grama Panchayat [2021 (5) KLT 1]. In the said judgment, this Court came to a conclusion that unless there is development of land as defined under the Kerala Panchayat Building Rules, land development permit may not be insisted for obtaining mineral transit pass. This Court ordered that if the building construction does not involve development of land as defined under the Kerala Panchayat Building Rules and if the applicant produces building permit and approved building plan containing the area of land for construction of the building and the quantity of ordinary earth to be extracted for construction, then the Geologist should consider the application and issue mineral transit pass without insisting Development Permit.
In such circumstances, the writ petitions are disposed of permitting the petitioners to approach the Geologist for issuance of mineral transit pass producing the building permit as well as the building plan containing the area of land for construction of the building and the quantity of ordinary earth to be extracted for construction. If the petitioners make available the said documents, the 4th respondent-Geologist shall consider the applications in the light of the judgment of this Court in Ramachandran v. Vellavoor Grama Panchayat (supra) and issue mineral transit pass to the petitioners in accordance with law, if the petitioners are otherwise eligible. If the petitioners submit applications, the 2nd respondent-Grama Panchayat should consider and issue building plans showing the requisite details as stated above.