Disposed

Mini Marson v. Geologist

Kerala HC20 Jan 2016WP(C)/1110/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petitioner with a building permit to transport clay from specific converted land parcels after the Geologist and Tahsildar identify quantities via inspection, while strictly prohibiting removal from land in the data bank.

What did the court decide?

Directed the Tahsildar and Geologist to earmark converted land, inspect, and issue OA forms for clay removal; strictly prohibited removal from data bank land within two weeks.

Mini Marson Vs Geologist — Mining and Natural Resources | Kerala HC (2016)

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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 A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 20TH DAY OF JANUARY 2016/30TH POUSHA, 1937

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WP(C).No. 1110 of 2016 (K)

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PETITIONER :

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

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MINI MARSON, AGED 36 YEARS, W/O.MARSON, VENNATTUPARAMBIL HOUSE, CHENGALLOOR, MUKUNDAPURAM.

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BY ADV. SRI.K.I.SAGEER

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RESPONDENTS :

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

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1. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE MINI CIVIL STATION, CHEMBUKKAVU, THRISSUR, PIN-680020.

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*ADDL. R2 IMPLEADED :

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2. THE TAHSILDAR

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*TALUK OFFICE, THRISSUR, CHEMBUKKAVU THRISSUR PO., THRISSUR - 680 020. ADDL.R2 IS SUO MOTU IMPLEADED AS PER ORDER DATED 12.01.2016.

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R1 & R2 BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1110 of 2016 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1: A TRUE COPY OF THE LAND TAX RECEIPT DT.05.05.2015 ISSUED BY THE VILLAGE OFFICER, NADATHARA.

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P2: A TRUE COPY OF THE LAND TAX RECEIPT DT.05.05.2015 ISSUED BY THE VILLAGE OFFICER, NADATHARA.

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P3: A TRUE COPY OF THE BUILDING PERMIT NO.A7-1112/2015 DT.06.06.2015 ISSUED BY NADATHARA GRAMA PANCHAYATH TO THE PETITIONER AND HER HUSBAND.

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P4: A TRUE COPY OF THE JUDGMENT DT.13-10-2015 IN W.P(C)31143/2015 OF THIS HON'BLE COURT.

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RESPONDENT(S)' EXHIBITS

: NIL.

//TRUE COPY//

P.A.TO JUDGE

A.MUHAMED MUSTAQUE, J.

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================== W.P.(C).No.1110 of 2016

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==================

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Dated this the 20^th day of January, 2016

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J U D G M E N T

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The petitioner is the holder of building permit to construct

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apartment. The petitioner approached this Court seeking a direction to permit the petitioner to remove and transport clay

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from the Sy. No.228/1P, 233/1P, 236/P, 220/P, 233/P, 221/1P, 232/2P, 230/1P, 233/2P of Nadathara Village.

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The learned Government Pleader submits that some of

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the portion of the property is included in the data bank and some of them have been excluded as a converted land. In such a circumstances, this Court is of the view that the 2^nd respondent with assistance of Agricultural Officer shall earmark and separate converted land for the purpose of removal and transportation of clay. However the petitioner shall not remove or transport the

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clay from any portion of the land included in the data bank. The Tahsildar thereafter issue a sketch to the Geologist and based on

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W.P.(C).No.1110 of 2016 - : 2 :-

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this sketch, the Geologist shall conduct inspection and find out the quantity to be removed from the converted land. The Geologist after identifying such portion, shall issue necessary OA forms to the petitioner in terms of Rule 106 of Kerala Minor Mineral Concession Rules after collecting the royalty. Needful shall be done by the Tahsildar within two weeks from the date of receipt of the copy of this judgment. Thereafter the Geologist shall do the needful within further period of two weeks. It is made clear that no portion of the land included in the data bank shall be reclaimed by the petitioner.

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The writ petition is disposed of, as above.

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sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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sab

Mini Marson v. Geologist

Case brief

What is this about?

What did the court decide?

Mini Marson v. Geologist

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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