Petitioner sought permission to remove ordinary earth for a residential housing project. Court directed the third respondent to consider the application and issue mineral transit passes if statutory requirements are met.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942
WP(C).No.21569 OF 2020(U)
PETITIONER:
SAJO VARGHESE AGED 45 YEARS S/O.KURUVILLA VARGHESE, VANIAPURACKAL, MANGANAM P.O., VIJAYAPURAM, KOTTAYAM-686018.
BY ADV. KUM.CHITHRA CHANDRASEKHARAN
RESPONDENTS:
1 VIJAYAPURAM GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, OFFICE OF THE VIJAYAPURAM GRAMA PANCHAYAT, MRF ROAD, VADAVATHOOR, KOTTAYAM-686010.
2 THE VILLAGE OFFICER, VIJAYAPURAM VILLAGE OFFICE, VADAVATHOOR, KOTTAYAM-686010.
3 THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, KOTTAYAM DISTRICT, PIN-686002.
BY GOVERNMENT PLEADER
SRI.K.J.MANURAJ – GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.B.SURESH KUMAR, J.
W.P.(C) No.21569 of 2020
Dated this the 9th day of November, 2020.
J U D G M E N T
Petitioner owns 101.76 ares of land in Vijayapuram Village in Kottayam District. He intends to develop the said land by constructing a cluster of residential houses. The petitioner has already secured the development permit and building permit required for the said purpose from the first respondent Panchayat. It is stated that having regard to the terrain of the land and the nature of construction proposed, the petitioner needs to remove a sizable quantity of ordinary earth from the land for the proposed construction. It is also stated that he needs the permission of the third respondent, the Geologist for removing ordinary earth from the land. The petitioner therefore, preferred Ext.P6 application before the third respondent for the said purpose. The writ petition is
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filed thereupon, alleging that the third respondent is not considering Ext.P6 application and that the petitioner is unable to go on with the construction proposed by him. The petitioner therefore, seeks appropriate directions in this regard in the writ petition.
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at three different levels in his land referred to in the writ petition; that the work of the project has already commenced by the petitioner; that the petitioner needs to remove 9088.43 cubic meters of ordinary earth from the land for the said purpose, of which 2486.37 cubic meters of ordinary earth is required for filling and the remaining quantity, viz, 6602.06 cubic meters of ordinary earth needs to be removed outside the land.
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sought for by the petitioner, provided the petitioner satisfies the statutory requirements of the Kerala Minor Mineral Concession Rules, 2015 and the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015.
In the result, the writ petition is disposed of directing the third respondent to consider Ext.P6 application and issue mineral transit passes to the petitioner in terms of the Rules in force, if the petitioner has produced all the documents required for the said purpose. If it is found that the application preferred by the petitioner is defective in any manner, the third respondent would be at liberty to require the petitioner to cure the defects before complying with the direction aforesaid. If the application is in order, the direction aforesaid shall be complied with, within one month.
Sd/P.B.SURESH KUMAR, JUDGE.
PV
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE POSSESSION CERTIFICATE NO.47729715 DATED 9.7.2020 ISSUED BY THE 2ND RESPONDENT. |
|---|---|
| EXHIBIT P1(A) | TRUE COPY OF THE POSSESSION CERTIFICATE NO.47729643 DATED 9.7.2020 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P2 | TRUE COPY OF THE RECEIPT NO.213/1-3 DATED 8.7.2020 SHOWING REMITTANCE OF PROPERTY TAX. |
| EXHIBIT P2(A) | TRUE COPY OF THE RECEIPT NO.213/1-2 DATED 8.7.2020 SHOWING REMITTANCE OF PROPERTY TAX. |
| EXHIBIT P3 | TRUE COPY OF THE BUILDING PERMIT NO.A2-258/2591/18/17-18 DATED 3.8.2018 ISSUED TO THE PETITIONER. |
| EXHIBIT P4 | TRUE COPY OF LOCATION SKETCH DATED 2.12.2019 ISSUED BY THE VILLAGE OFFICER. |
| EXHIBIT P5 | TRUE COPY OF THE DEVELOPMENT PERMIT NO.A2-08/3475/19/19-20 DATED 1.6.2019 ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P6 | TRUE COPY OF THE APPLICATION DATED 10.7.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. |
| EXHIBIT P7 | TRUE COPY OF THE NOTARIZED AFFIDAVIT DATED 17.9.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. |
| EXHIBIT P8 | TRUE COPY OF THE CORRECTED BUILDING PERMIT (EXT P3 IN THE WRIT PETITION) |
| EXHIBIT P9 | TRUE COPY OF THE SERVICE PLAN OF THE |
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PROPOSED RESIDENTIAL BUILDINGS APPROVED BY THE 1ST RESPONDENT
EXHIBIT P10 TRUE COPY OF THE E-BROCHURE OF THE PROPOSED RESIDENTIAL BUILDINGS PROJECT
1 issue framed by the court
Whether High Court is empowered to direct the Geologist to consider the petitioner's application for permission to remove ordinary earth.
Sajo Varghese
Vijayapuram Grama Panchayat
Village Officer, Vijayapuram
The Geologist, Mining and Geology Department
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
