Disposed

St. Augustine Church v. the District Geologist

Kerala HC1 Jul 2021WP(C)/22289/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a Church seeking consideration of its application for removing ordinary earth to construct a stadium, directing the District Geologist to decide within one month under the Minor Mineral Concession Rules, 2015.

What did the court decide?

Directed the First Respondent to consider the application and pass an order within one month.

St. Augustine Church Vs the District… — Constitutional and Fundamental Rights | Kerala HC (2021)

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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 N.NAGARESH

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THURSDAY, THE 1^ST DAY OF JULY 2021 / 10TH ASHADHA, 1943 WP(C) NO. 22289 OF 2020

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PETITIONER:

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ST. AUGUSTINE CHURCH, KALLOORKAD P.O., KALLOORKAD VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT REPRESENTED BY ITS VIKAR, FR.MATHEW KONICKAL, S/O. MATHAI, AGED 66 YEARS.

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BY ADV P.M.ZIRAJ

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RESPONDENTS:

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1 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, ERNAKULAM DISTRICT-682 030.

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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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4 KALLOORKKAD GRAMA PANCHAYATH, KALLOORKKAD P.O., ERNAKULAM DISTRICT-686 668 REPRESENTED BY ITS SECRETARY.

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5 THE SECRETARY, KALLOORKKAD GRAMA PANCHAYATH, KALLOORKKAD P.O., ERNAKULAM DISTRICT-686 668. BY ADVS. SRI.AJITH VISWANATHAN GOVERNMENT PLEADER SRI. MANU RAJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.22289/2020

: 2 :

JUDGMENT

Dated this the 01^st day of July, 2021

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The learned counsel for the petitioner states that the petitioner is a Church and a Charitable institution. Being a Charitable institution, the petitioner is an exempted category establishment for the purpose of obtaining quarrying permit to remove ordinary earth from the property. The petitioner intend to construct a Stadium in the property for the benefit of students. The property is not situated in a single level. Hence it has become necessary to remove ordinary earth from the property and shift the same.

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According to the petitioner the said activity will not come under the ambit of quarrying. Though the petitioner has submitted Ext.P6 application for permission to abstract and remove ordinary earth from the property, no decision is taken on Ext.P6 by the District Geologist so far.

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WP(C) No.22289/2020

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: 3 :

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The learned Government Pleader filed a Memo in

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the writ petition and contested the case.

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According to the learned Government Pleader, the construction proposed by the petitioner is too small and the quantity sought to be removed is on a much higher side. Therefore, no orders can be passed in this writ petition.

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I have heard the learned counsel for the petitioner

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and the learned Government Pleader representing the respondents.

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Since the petitioner has filed Ext.P6 before the District Geologist invoking Rule 104 and 107 of Kerala Minor Mineral Concession Rules, 2015 and the same being the application having statutory flavour, I am of the firm opinion that Ext.P6 shall be considered by the 1^st respondent in accordance with law within a reasonable period.

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Accordingly, without entering into merits of the claim made by the petitioner, the writ petition is disposed of directing the 1^st respondent to consider Ext.P6 application submitted by the petitioner, taking into account the provisions

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WP(C) No.22289/2020

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: 4 :

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contained in Rule 104 and 106 of Kerala Minor Mineral

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Concession Rules, 2015 and in accordance with law. A final

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order in this regard shall be passed within a period of one month.

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Sd/- N. NAGARESH JUDGE

WP(C) No.22289/2020

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APPENDIX OF WP(C) 22289/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OF PETITIONER DATED 14.5.2020
	ISSUED BY THE VILLAGE OFFICER, KALLOORKKAD VILLAGE.
EXHIBIT P2	TRUE COPY OF THE POSSESSION CERTIFICATE DATED 26.9.2019 ISSUED BY THE VILLAGE OFFICER, KALLOORKKAD VILLAGE.
EXHIBIT P3	TRUE COPY OF THE DEVELOPMENT PERMIT DATED 22.2.2019 ISSUED BY THE FIFTH RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE DEVELOPMENT PLAN OF SITE AS SCHOOL PLAY GROUND.
EXHIBIT P5	TRUE COPY OF THE PLAN OF CHANGING ROOM AND SCHOOL PLAY GROUND.
EXHIBIT P6	TRUE COPY OF THE APPLICATION DATED 18.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE POSTAL RECEIPT DATED 19.10.2019 IN CONNECTION WITH EXHIBIT P6.
EXHIBIT P8	TRUE COPY OF THE ACKNOWLEDGMENT CARD
	DATED 21.10.2019 WHICH PROVES THE
	RECEIPT OF APPLICATION BY FIRST RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 16.12.2019 IN WPC NO.29602/2019.
EXHIBIT P10	TRUE COPY OF THE BUILDING PERMIT DATED
	26/9/2019 ISSUED BY THE FOURTH RESPONDENT

St. Augustine Church v. the District Geologist

Case brief

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St. Augustine Church v. the District Geologist

Case brief

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