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Ramachandran v. the District Geologist

Kerala HC21 May 2015WP(C)/13869/2015

Case brief

AI extract

What is this about?

Petitioner challenged non-issuance of a pass for removing ordinary sand for construction. Court held that under Rule 14 of Kerala Minor Mineral Concession Rules, 2015, no quarrying permit is needed if prior valid building permit exists. First Respondent directed to issue Mineral Transit Pass within two weeks.

What did the court decide?

First Respondent to issue Mineral Transit Pass in Form O(A) within two weeks without insisting on NOC/Mining permit.

Ramachandran Vs the District Geologist — Mining and Natural Resources | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:-

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937

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W.P.(C).No.13869 of 2015 (G)

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PETITIONER(S):-

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RAMACHANDRAN, AGED 55 YEARS, S/O.BALAN, RESDING AT VAKYAPARAMBIL HOUSE, MUPLIYAM.P.O., VARANDARAPPILLY VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT, PIN CODE -680303.

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BY ADVS.SRI.AJIT THOMAS

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SRI.SURAJ.S.

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RESPONDENT(S):-

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THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR DISTRICT-680001.

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THE VILLAGE OFFICER, GROUP VILLAGE, VARANDARAPPILLY, THRISSUR DISTRICT, PIN CODE - 680303.

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R1 & R2 BY GOVERNMENT PLEADER SMT.C.K.SHERIN.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.13869 of 2015 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS:-

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EXT.P1 A TRUE COPY OF THE TAX RECEIPT.

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EXT.P2 A TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PROPERTY OF THE PETITIONER.

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EXT.P3 A TRUE COPY OF THE BUILDING PERMIT DATED 4.03.2015 ISSUED TO THE PETITIONER.

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EXT.P4 A TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

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RESPONDENT(S)' EXHIBITS:-

NIL.

Vku/[ true copy ]

K. Vinod Chandran, J

-------------------------------------W.P.(C).No.13869 of 2015-G

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------------------------------------Dated this the 21^st day of May, 2015

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JUDGMENT

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The petitioner's grievance is the non-issuance of a permit

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in Form “P” for removing the ordinary sand as per the Kerala Minor Mineral Concession Rules, 1967. However, in this point of time the Kerala Minor Mineral Concession Rules, 2015 has come into force. The case of the petitioner is that, on the strength of Ext.P3 building permit, the petitioner levelled the property by removing ordinary earth for construction of a residential building. But when the petitioner approached the 1^st respondent/District Geologist with a request for issuance of a pass in Form P of the Rules of 1967 to transport the earth from their property, it was refused to be acted upon.

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Heard the learned Government Pleader as well.

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By virtue of Rule 14 of the Kerala Minor Mineral

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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

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WP(C).No.13869 of 2015

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obtained a prior valid permit for construction of such building from the concerned Local Self Government authority. The said Rule reads as follows:

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“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:

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(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;

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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;

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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.”

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WP(C).No.13869 of 2015

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In the above facts and circumstances, first

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respondent/District Geologist is directed to consider issuance of '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 P3 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 1^st respondent/District Geologist and make an application under the Prevention Act for further steps.

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The writ petition is disposed of.

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Sd/- K.Vinod Chandran Judge.

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vku/-

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[ true copy ]

Ramachandran v. the District Geologist

Case brief

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Ramachandran v. the District Geologist

Case brief

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