Disposed

Manoj Tharakan Jose v. the District Geologist

Kerala HC5 Dec 2019WP(C)/3290/2019

Case brief

AI extract

What is this about?

The High Court directed the District Geologist to dispose of the petitioner's application for ordinary earth extraction. The court ordered a joint site inspection with the local Panchayat to ensure excavation is solely for basement construction. It also noted the Environmental Clearance requirement depends on the specific area size, to be assessed by the Geologist.

What did the court decide?

Directs 1st Respondent-Geologist to take up and dispose of Ext.P19 after joint site inspection with Panchayat Secretary, aiming to complete exercise within 6 weeks.

Manoj Tharakan Jose Vs the District Geologist — Labour and Industrial Disputes | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941

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WP(C).No.3290 OF 2019(I)

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PETITIONER/S:

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MANOJ THARAKAN JOSE AGED 43 YEARS S/O. JOSE, THARAKAN HOUSE, KODAKARA DESOM, KODAKARA VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT.

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BY ADV. SRI.P.M.ZIRAJ

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RESPONDENT/S:

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1 THE DISTRICT GEOLOGIST MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASA PURAM, PATTAM, THIRUVANANTHAPURAM-695 001

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2 THE DIRECTOR MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695 001

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3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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R1-3 BY GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.12.2019, ALONG WITH WP(C).30824/2019(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3290 OF 2019(I) 2

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JUDGMENT

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The petitioner has approached this Court

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with a prayer that his application for quarrying

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permit, namely Ext.P3, preferred before the 1^st respondent- Geologist be directed to be taken up and disposed of, since he wants to construct a building on his property on the strength of Ext.P1 Building Permit and Ext.P2 Development

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Permit, issued by Kodakara Grama Panchayat.

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learned Government Pleader had submitted, when

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this matter was earlier considered by this Court,

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that Ext.P3 had not been received by the Geologist, he has, pending this lis, preferred Ext.P19 application and thus asserts that the

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Geologist ought to have allowed this application.

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without considering Ext.P19 on its merits, the

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Geologist has now issued Ext.P20 asking him to

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obtain an Environmental Clearance and that this

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order is without basis since, going by the

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WP(C).No.3290 OF 2019(I) 3

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Environmental Impact Assessment Notification, 2006 and the subsequent notifications of the Ministry of Environment, Forest and Climate Change, dated 9.12.2016, no Environmental Clearance is required for construction of the basement of a building having less than twenty thousand square metres in are. The petitioner, therefore, prays that the respondent- Geologist be directed to take up Ext.P19 and dispose it of

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in terms of law de hors the requirements in Ext.P20.

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The learned Senior Government Pleader

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Shri.Rajasekharan Nair, submitted that there is no legal impediment in Ext.P19 being considered without insisting on an Environmental Clearance, if it is found that the petitioner's construction is below twenty thousand square metres in area, as per the applicable notification. He says that, however, the Geologist has a very legitimate suspicion that under the guise of making a construction, the petitioner is attempting to escavate the entire property of 21.46 ares and to

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WP(C).No.3290 OF 2019(I) 4

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remove ordinary earth therefrom illegally and

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without authority. He says that ,therefore, the Geologist may be permitted to consider Ext.P19 application solely on the basis of Exts.P1 and P2

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and after making joint site inspection along with the Secretary of the Panchayat, to verify whether only such extent of ordinary earth is required to

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be excavated and transported, for the purpose of construction of the basement of the building. He says that this liberty may be left to the Geologist, while this Court disposes this Writ Petition.

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When I consider the afore submissions, it is ineluctable that the only reason why the petitioner can be allowed to excavate and remove ordinary earth from his property is for purpose construction as permitted through Exts.P1 and P2 and for no other purpose. It is without doubt that the petitioner cannot be allowed to excavate excess ordinary earth and this certainly is a matter which the Geologist will have to consider

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in consultation with the Secretary of the

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WP(C).No.3290 OF 2019(I) 5

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Panchayat, since it is the latter who issued Ext.P1 Building Permit and Ext.P2 Development Plan. Of course, prima facie ,I find force in the submissions of Shri. P.M Siraj that construction of the building being less than twenty thousand square metres in area, an Environmental Clearance has required under Ext.P20 may not be necessary. However, this is also an issue which is liable to be considered by the Geologist in terms of the applicable provisions of the Act and the notification, which he will assess on its merits before issuing final orders.

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In the afore circumstances and for the reasons above, I order this Writ Petition and direct the 1^st respondent- Geologist to take up Ext.P19 and dispose of the same, scrupulously following the above observations and after making a joint site inspection along with the Secretary of the Panchayat, so as to ensure that only such amount of ordinary earth is allowed to be escavated and transported, which is absolutely necessary for construction of the basement of the

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WP(C).No.3290 OF 2019(I) 6

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building and noting else.

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The afore exercise shall be completed by the Geologist and appropriate orders issued by him, as expeditiously as is possible, but not later than 6 weeks from the date of receipt of a copy of this judgment, also after affording an opportunity of being heard to the petitioner.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).No.3290 OF 2019(I) 7

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APPENDIX OF WP(C) 3290/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 14.6.2018 ISSUED PANCHAYATH.	BUILDING PERMIT DATED BY THE KODAKARA GRAMA
EXHIBIT P2	TRUE COPY OF THE 30.7.2018 ISSUED PANCHAYATH.	DEVELOPMENT PERMIT DATED BY THE KODAKARA GRAMA
EXHIBIT P3	TRUE COPY OF THE 25.1.2019 SUBMITT BEFORE THE FIRST	APPLICATION DATED ED BY THE PETITIONER RESPONDENT
EXHIBIT P4	TRUE COPY OF THE 1.2.2019.	POSTAL RECEIPT DATED
EXHIBIT P5	TRUE COPY OF THE HONOURABLE COURT NO. 36018/2017.	JUDGMENT OF THIS DATED 20.12.2017 IN WPC
EXHIBIT P6	TRUE COPY OF THE HONOURABLE COURT 8389 OF 2018.	JUDGMENT OF THIS DATED 13.3.2018 IN WPC NO.
EXHIBIT P7	TRUE COPY OF THE HONOURABLE COURT 10931 OF 2018.	JUDGMENT OF THIS DATED 4.4. 2018 IN WPC NO.
EXHIBIT P8	TRUE COPY OF THE HONOURABLE COURT 34014 OF 2018.	JUDGMENT OF THIS DATED 8.11.2018 IN WPC NO.
EXHIBIT P9	TRUE COPY OF THE CHELAN OF RS.1000 FEE.	COUNTER FOIL OF TREASURY /- TOWARDS APPLICATION
EXHIBIT P10	TRUE COPY OF THE PETITIONER.	AADHAAR CARD OF
EXHIBIT P11	TRUE COPY OF THE	PAN CARD OF PETITIONER.
EXHIBIT P12	TRUE COPY OF THE 29/05/2018 ISSUED KODAKARA VILLAGE.	TAX RECEIPT DATED BY THE VILLAGE OFFICER,
EXHIBIT P13	TRUE COPY OF THE DATED 18/01/2019 OFFICER, KODAKARA	POSSESSION CERTIFICATE ISSUED BY THE VILLAGE VILLAGE.

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WP(C).No.3290 OF 2019(I) 8

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EXHIBIT P14	TRUE COPY OF THE DATED 14/03/2019 OFFICER, KODAKARA	DEMARCATION CERTIFICATE ISSUE BY THE VILLAGE VILLAGE.
EXHIBIT P15	TRUE COPY OF THE ISSUED BY THE VIL VILLAGE BY DEMARC	SKETCH DATED 18/01/2019 LAGE OFFICER, KODAKARA ATING THE QUARRYING AREA.
EXHIBIT P16	TRUE COPY OF THE DATED 14/03/2019 OFFICER, KODAKARA	NON ASSIGNMENT CERTIFICATE ISSUED BY THE VILLAGE VILLAGE.
EXHIBIT P17	TRUE COPY OF THE PROPOSED BUILDING	BUILDING PLAN OF THE .
EXHIBIT P18	TRUE COPY OF THE	LAND DEVELOPMENT PLAN.
EXHIBIT P19	TRUE COPY OF THE SUBMITTED BY THE 12/03/2019.	FRESH APPLICATION PETITIONER DATED
EXHIBIT P20	TRUE COPY OF THE 15/03/2019 ISSUED	INTIMATION DATED BY THE FIRST RESPONDENT.
EXHIBIT P21	TRUE COPY OF THE CONSIGNMENT FROM OF POSTAL, MINIST GOVERNMENT OF IND	PRINT OUT OF THE TRACK THE WEBSITE OF DEPARTMENT RY OF COMMUNICATION, IA.
EXHIBIT P22	TRUE COPY OF THE DATED 20/03/2019 VILAKKALATH HOUSE	NO OBJECTION CERTIFICATE ISSUED BY MR. RAVEENDRAN, .
EXHIBIT P23	TRUE COPY OF THE DATED 20/03/2019 REGHUNANDHANAN V.	NO OBJECTION CERTIFICATE ISSUED BY MR. , VILAKKALATH HOUSE.
EXHIBIT P24	TRUE COPY OF THE DATED 20/03/2019 MAPRANATHUKARAN H	NO OBJECTION CERTIFICATE ISSUED BY MR. PAUL M.J., OUSE.
EXHIBIT P25	TRUE COPY OF THE DATED 20/03/2019 THEKKUMPURAM HOUS	NO OBJECTION CERTIFICATE ISSUED BY LISSY CHERIYAN, E.
EXHIBIT P26	TRUE COPY OF THE DATED 20/03/2019 MANAPETTY HOUSE.	NO OBJECTION CERTIFICATE ISSUED BY MR. JAYAN M.D.,
EXHIBIT P27	TRUE COPY OF THE DATED 20/03/2019 NANDAKUMARAN, VIL	NO OBJECTION CERTIFICATE ISSUED BY MR. AKKALATH HOUSE.

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WP(C).No.3290 OF 2019(I) 9

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EXHIBIT P28 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 20/03/2019 ISSUED BY MR. SOMANATHAN K.R., KALAPURAKKAL HOUSE. EXHIBIT P29 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 20/03/2019 ISSUED BY ALICE SEBASTIAN, PANTHALLOOKKARAN HOUSE. EXHIBIT P30 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 20/03/2019 ISSUED BY SAJI V.M., VAKKATTU HOUSE.

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RESPONDENT'S/S EXHIBITS: EXHIBIT R1 A A TRUE COPY OF THE APPLICATION IN FORM A. EXHIBIT R1 B A TRUE COPY OF THE COMMUNICATION NO.664/C2/TDO/19 DATED 15/03/2019. sn //TRUE COPY// CA TO JUDGE

Manoj Tharakan Jose v. the District Geologist

Case brief

What is this about?

What did the court decide?

Manoj Tharakan Jose v. the District Geologist

Case brief

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