Disposed

Joseph, v. State of Kerala

Kerala HC25 Feb 2020WP(C)/3835/2020

Case brief

AI extract

What is this about?

Petitioner seeking mandamus directing 6th respondent to reconsider application for earth removal transit pass under exemption in Rule 14(2) of Kerala Minor Mineral Concession Rules, 2015 for construction with valid building permits under 300 sqm. Court ordered respondent to consider petitioners application after site inspection within 3-4 weeks.

What did the court decide?

6th respondent to consider petitioners application for transit pass after site inspection and make decision within 3 to 4 weeks taking into account Rule 14(2) exemption.

Joseph, Vs State of Kerala — Kerala HC (2020) — LawSathi Research

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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 ALEXANDER THOMAS

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TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941

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WP(C).No.3835 OF 2020(D)

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PETITIONER:

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JOSEPH,

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AGED 70 YEARS S/O.VARKEY KURIAN, PULIYALLIL, KURAVILAGADU P.O., KURUVILAGADU, KOTTAYAM-686633.

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BY ADV. SRI.PRAVEEN K. JOY

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RESPONDENTS:

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1 STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, TRIVANDRUM-695001.

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3 DISTRICT COLLECTOR,

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KOTTAYAM-686001.

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4 THE REVENUE DIVISIONAL OFFICER, KOTTAYAM-686001.

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5 THE VILLAGE OFFICER, KURAVILAGADU VILLAGE, KOTTAYAM-686633.

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6 GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, KOTTAYAM-686001.

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SMT.K.AMMINIKUTTY, GOVT.PLEADER, SRI.M.P.SREEKRISHNAN FOR R-2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.3835 of 2020

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ALEXANDER THOMAS, J.

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

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W.P(C) No.3835 of 2020

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

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Dated this the 25^th day of February, 2020

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JUDGMENT

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The prayers in this Writ Petition (Civil) are as follows:

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“ (i) To issue a writ, order or direction in the nature of Mandamus or other appropriate writ directing the 6^th respondent to reconsider the Ext.P8 application for removal of ordinary earth from the property of the petitioner covered under Ext.P1 tax receipt, in tune with separate Ext.P4 and Ext.P5 building permits without insisting for any other certificate in tune with decision in 2019 (5) KHC 929 (DB), within a time limit, in the interest of justice.

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(ii) Grant such other and further reliefs as may be prayed for hereafter and deemed fit and proper by this Honourable court, in the interest of justice.”

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Heard Sri.Praveen K.Joy, learned counsel appearing for the petitioner, Smt.K.Amminikutty, learned Government Pleader appearing for respondents 1, 3 to 6 and Sri.M.P.Sreekrishnan, learned Standing Counsel for the Kerala State Enviornment Impact Assessment Authority appearing for R-2.

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It is pointed out that the petitioner has secured Ext.P-4 building permit and Ext.P-5 building permit issued by the Kuravilangadu Grama Panchayath for construction of two separate residential buildings, in his landed property and the plinth area of the building covered by Ext.P-4 building permit is 200.05 Sqm and in

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W.P(C) No.3835 of 2020

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respect of Ext.P-5 building permit is 198.83 Sqm. Accordingly, it is pointed out by the petitioner that going by the Proviso to Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015, no quarrying permit is required under this Rule 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. The petitioner has now submitted Ext.P-8 application dated 03.02.2020 before the 6^th respondent-District Geologist, Kottayam for issuance of transit pass for transportation of the excavated soil pursuant to the construction to be undertaken for the two separate buildings covered by Exts.P-4 & P-5 building permits.

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The learned counsel for the petitioner would point out that as two separate residential buildings are involved, as covered by Exts.P-4 & P-5 building permit, the petitioner would file separate applications for transit pass before the 6^th respondent-Geologist, etc. The learned counsel for the petitioner would also point out that it has been now held by the Division Bench of this Court in the case in District Geologist, Department of Mining and Geology, Thrissur and others v. Sivaraman and another [2019 (5) KHC

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W.P(C) No.3835 of 2020

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929 (DB)] that for project involving building and construction upto an extent of 20,000Sqm, will stand exempted from getting prior environmental clearance.

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Taking note of the facts and circumstances of this case, it is ordered that in case, the petitioner files such requisite applications before the 6^th respondent, without any further delay, then the 6^th respondent will consider the said plea and after making site inspection, may take a considered decision on the said applications, without much delay, preferably within a period of 3 to 4 weeks from the date of production of a certified copy of this judgment. In that regard, the 6^th respondent will take into account the provisions made in Rule 14(2) of the Kerala Minor Mineral Concession Rules, as per which the plinth area of the building is 300 Sqm or below, then quarrying permit is not necessary, provided the applicant has secured valid building permit from the authority concerned.

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With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.

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Sd/-

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ALEXANDER THOMAS JUDGE

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vgd

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W.P(C) No.3835 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPTS NO.KL05040807035/2019 DATED 22.08.2019. EXHIBIT P2 THE TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 19.10.2017 WITH NO.28185630. EXHIBIT P3 THE TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 19.10.2017 WITH NO.28185622. EXHIBIT P4 THE TRUE COPY OF THE BUILDING PERMIT WITH NO.A7-BA(9121)-2018 DATED 12.01.2018 OF THE KURAVILAGADU GRAMA PANCHAYATH. EXHIBIT P5 THE TRUE COPY OF THE BUILDING PERMIT WITH NO.A7-BA(9122)-2018 DATED 12.01.2018 OF THE KURAVILAGADU GRAMA PANCHAYATH. EXHIBIT P6 THE TRUE COPY OF THE SITE AND SERVICE PLAN APPROVED BY THE KURAVILAGADU GRAMA PANCHAYATH. EXHIBIT P7 THE TRUE COPY OF THE SITE PLAN DATED 12.01.2018. EXHIBIT P8 THE TRUE COPY OF THE APPLICATION BEFORE THE 6TH RESPONDENT DATED 03.02.2020.

Joseph, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Joseph, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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