Single judge dismissed a writ petition seeking O(A) forms for earth transportation. The petition relied on a building permit and claimed exemption under Kerala Minor Mineral Concession Rules, which had been declared ultra vires in a prior judgment.
Issuance of O(A) forms for transportation of ordinary earth denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 21ST DAY OF DECEMBER 2016/30TH AGRAHAYANA, 1938
WP(C).No. 28169 of 2016 (U) ----------------------------
PETITIONER(S):
SEBASTIAN S/O. KURIAN, AGED 51 YEARS, PULIYALLIL, KURAVILANGAD P.O, KURAVILANGAD VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT(S):
1. THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, KOTTAYAM 686 022
2. THE DIRECTOR MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM 695 001
3. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001
4. KURAVILANGAD GRAMA PANCHAYATH KOTTAYAM 686 633 REPRESENTED BY ITS SECRETARY
5. THE SECRETARY KURAVILANGAD GRAMA PANCHAYATH KOTTAYAM 686 633
R BY GOVERNMENT PLEADER SRI. HARISH KUMAR R BY SRI. RANJITH THAMPAN, ADDL. ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 28169 of 2016 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
----------------------EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT DATED 20-06-2016 ISSUED BY THE FIFTH RESPONDENT ON BEHALF OF FOURTH RESPONDENT
RESPONDENT(S)' EXHIBITS: NIL
// TRUE COPY //
P.A TO JUDGE
SB
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.28169 of 2016- U
======================
Dated this the 21st day of December, 2016
J U D G M E N T
The petitioner in the writ petition sought for issuance of O(A) forms for transportation of ordinary earth, excavated from the construction intended as per Ext.P1. The contention taken is that no Environmental Clearance is required for such activity. However the said contention is taken on the claim of exemption under the Kerala Minor Mineral Concession Rules 2015 (for short 'KMMC Rules'). The provision for exemption under Sub-Rule (2) of Rule 14 and sub-rules (1) to (4) of Rule 106 of the KMMC Rules have been held to be ultra vires by this Court, by judgment dated 07.12.2016 in W.P.(C) No.16763/2016.
2
W.P.(C) No.28169 of 2016- U
The writ petition would stand dismissed. No Costs.
Sd/-
K. VINOD CHANDRAN, JUDGE
SB/21/12//2016
// true copy //
P.A to Judge
1 issue framed by the court
Whether the petitioner is entitled to issuance of O(A) forms for transportation of ordinary earth.
SEBASTIAN S/O. KURIAN
THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, KOTTAYAM
THE DIRECTOR MINING AND GEOLOGY
THE STATE OF KERALA
KURAVILANGAD GRAMA PANCHAYATH KOTTAYAM
THE SECRETARY KURAVILANGAD GRAMA PANCHAYATH KOTTAYAM
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
