Fathima Abdul Azeez (Minor) vs The District Geologist
2021 Latest Caselaw 158 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                  WP(C).No.27516 OF 2020(L)


PETITIONERS:

     1       FATHIMA ABDUL AZEEZ (MINOR),
             D/O. ABDUL AZEEZ, AMBALATHU VEETTIL
             KAKKARAMBATH, PAVARARTTY P.O. PUTHUMANASSERY,
             PAVARATTY VILLAGE, CHAVAKKAD TALUK, THRISSUR
             DISTRICT REPRESENTED BY FATHER AND NATURAL
             GUARDIAN, ABDUL AZEES, S/O. KUNJUMUHAMME,
             AGED 52YEARS, AMBALATHU VETTIIL,
             KAKKARAMBATH, PAVARATTY P.O. PUTHUMANASSERY,
             PAVARATTY VILLAGE, CHAVAKKAD TALUK, THRISSUR
             DISTRICT.

     2       AMINA ABDUL AZEEZ (MINOR),
             D/O.ABDUL AZEES, AGED 52YEARS, AMBALATHU
             VETTIIL, KAKKARAMBATH, PAVARATTY P.O.
             PUTHUMANASSERY, PAVARATTY VILLAGE, CHAVAKKAD
             TALUK, THRISSUR DISTRICT.REPRESENTS BY FATHER
             AND NATURAL GUARDIAN,
             ABDUL AZEES, S/O. KUNJUMUHAMME, AGED 52YEARS,
             AMBALATHU VETTIIL, KAKKARAMBATH, PAVARATTY
             P.O. PUTHUMANASSERY, PAVARATTY VILLAGE,
             CHAVAKKAD TALUK, THRISSUR DISTRICT.

     3       HALEEMA ABDUL AZEEZ (MINOR),
             D/O.ABDUL AZEES, AGED 52YEARS, AMBALATHU
             VETTIIL, KAKKARAMBATH, PAVARATTY P.O.
             PUTHUMANASSERY, PAVARATTY VILLAGE, CHAVAKKAD
             TALUK, THRISSUR DISTRICT.REPRESENTS BY FATHER
             AND NATURAL GUARDIAN,
             ABDUL AZEES, S/O. KUNJUMUHAMME, AGED 52YEARS,
             AMBALATHU VETTIIL, KAKKARAMBATH, PAVARATTY
             P.O. PUTHUMANASSERY, PAVARATTY VILLAGE,
             CHAVAKKAD TALUK, THRISSUR DISTRICT.

             BY ADV. SRI.P.M.ZIRAJ
 W.P.(C)No.27516 of 2020        ..2..




RESPONDENTS:

       1      THE DISTRICT GEOLOGIST,
              DEPARTMENT OF MINING AND GEOLOGY,
              THRISSUR DISTRICT 680 001.

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

       3      STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT,
              INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA
              GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM
              695001.

       4      STATE ENVIROMENTAL IMPACT ASSESSMENT AUTHORITY
              SEIAA, DEPARTMENT OF ENVIRONMENTAL AND FOREST,
              THIRUVANANTHAPURAM, 695 001, GOVERNMENT OF
              KERALA REPRESENTED BY ITS MEMBER SECRETARY.


OTHER PRESENT:

              GP. PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.27516 of 2020                  ..3..




                 Writ Petition (C) No.27516 of 2020
                 -----------------------------------------------


                              JUDGMENT

Petitioners propose to put up a building measuring

2952.24 square metres in a land owned by them within the limits of

Erumappetty Grama Panchayat. The said land needs to be

developed by removing ordinary earth for the purpose of putting up

the building proposed by them. The petitioners, therefore obtained

Ext.P3 development permit and Ext.P4 building permit for the said

purpose. Thereupon, the petitioners have applied for quarrying

permit to remove ordinary earth from the land. The application

preferred by the petitioners in this regard has been rejected by the

first respondent in terms of Ext.P6 communication. Ext.P6

communication is under challenge in the writ petition.

2. Heard the learned counsel for the petitioners as

also the learned Government Pleader.

3. It is seen that in the light of the amendment

introduced to Rule 14 of the Kerala Minor Mineral Concession Rules,

2015 and in terms of G.O.(P) No.16/2020, quarrying permit is not W.P.(C)No.27516 of 2020 ..4..

required for removing ordinary earth from the site where the

petitioners propose to put up the building. As per the rules now in

force, the petitioners need only obtain mineral transit passes in

accordance with the Kerala Minerals (Prevention of Illegal Mining,

Storage and Transportation) Rules, 2015 for the said purpose.

4. Insofar as the petitioners need not have to obtain

quarrying permit for the purpose of removing ordinary earth from

the site where they propose to put up the building, it is unnecessary

to examine the correctness of Ext.P6 order.

The writ petition, in the circumstances, is disposed of

permitting the petitioners to prefer application before the first

respondent for mineral transit passes in terms of the Kerala Minerals

(Prevention of Illegal Mining, Storage and Transportation) Rules,

2015. Needless to say that if the petitioners prefer application for

mineral transit passes, appropriate decision shall be taken by the

first respondent on the said application, within one month from the

date of receipt of the application.

Sd/-

                                              P.B.SURESH KUMAR, JUDGE
ds 05.01.2021
 W.P.(C)No.27516 of 2020             ..5..




                             APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1                TRUE COPY OF THE TAX RECEIPT DATED
                          28.5.2019 ISSUED BY THE VILLAGE
                          OFFICER, NELLUVAYI VILLAGE.

EXHIBIT P2                TRUE COPY OF THE POSSESSION

CERTIFICATE DATED 22.5.2019 ISSUED BY THE VILLAGE OFFICER, NELLUVAYI VILLAGE.

EXHIBIT P3 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 4.5.2018 ISSUED BY ERUMAPETTY GRAMA PANCHAYATH.

EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT DATED 14.6.2018 ISSUED BY ERUMAPETTY GRAMA PANCHAYATH.

EXHIBIT P5 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 4.10.2019 ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATIVE DATED 4.2.2020 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 14.9.2020 IN WPC NO. 11426/2020.