Abraham vs The District Geologist
2021 Latest Caselaw 16301 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
    WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                        WP(C) NO. 15606 OF 2021
PETITIONER/S:

          ABRAHAM,AGED 75 YEARS,S/O. PATHROSE, KADUVAKALLUNGAL
          HOUSE, KAYANAD KARAYIL, NORTH PIRAMODOM P.O., MARADI
          VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM, PIN-686 667.

          BY ADV P.M.ZIRAJ



RESPONDENT/S:

    1     THE DISTRICT GEOLOGIST,DISTRICT OFFICE MINING &
          GEOLOGY, CIVIL STATION, ERNAKULAM, KERALA-682 030.

    2     MARADI GRAMA PANCHAYATH,SOUTH MARADI P.O.,
          MUVATTUPUZHA, ERNAKULAM, KERALA 686 673 REPRESENTED BY
          ITS SECRETARY.

    3     THE SECRETARY,MARADI GRAMA PANCHAYATH, SOUTH MARADI
          P.O., MUVATTUPUZHA, ERNAKULAM, KERALA-686 673.

          ADV.SRI.AJAY BEN JOSE
          SPL. G.P SRI.M.H.HANIL KUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15606 OF 2021
                                  2



                             JUDGMENT

The petitioner submitted applications before

the 3rd respondent, seeking issuance of building

permit and development permit. The applications are

not being considered for non-production of an NOC

from the Department of Mining and Geology, is the

grievance of the petitioner.

2. Rule 5(4) of the Kerala Panchayath Building

Rules does not require obtaining of an NOC from the

Department of Mining and Geology for the

consideration of building permit and development

permit applications. This Court has in WP(C)

No.8220/2021 adopted the view that such NOC is not

necessary for consideration of application for

building/development permit.

In the light of the above, the writ petition is

disposed of directing the 3 rd respondent to consider

and pass orders on the building permit/development WP(C) NO. 15606 OF 2021

permit applications submitted by the petitioner

without insisting for an NOC from the Department of

Mining and Geology.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 15606 OF 2021

APPENDIX OF WP(C) 15606/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 5.12.2018 ISSUED BY THE VILLAGE OFFICER, MARADI VILLAGE.

Exhibit P2 TRUE COPY OF THE COMMUNICATION 15.4.2021 ISSUED BY TEH THIRD RESPONDENT ON BEHALF OF THE SECOND RESPONDENT.

Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 7.4.2021 IN WPC NUMBER 8200/2021