Rapheal vs The District Geologist
2021 Latest Caselaw 13093 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                          WP(C) NO. 4823 OF 2021
PETITIONER:

              RAPHEAL,
              AGED 59 YEARS
              S/O. GARVASEES, MANGAN HOUSE, KODANNOOR.P.O. KODANNOOR
              VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT.

              BY ADV SRI. P.M.ZIRAJ



RESPONDENTS:

     1        THE DISTRICT GEOLOGIST,
              DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
              THRISSUR DISTRICT 680 020.

     2        THE VILLAGE OFFICER,
              KODANNUR VILLAGE (PARALAM GROUP VILLAGE),
              THRISSUR DISTRICT 680 563.

              BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
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               W. P. (C) No.4823 of 2021
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          Dated this the 23rd day of June, 2021

                      JUDGMENT

Though ordinary earth was being extracted and

removed in terms of Exts.P4 and P5 permits issued by the first respondent-Geologist, the removal has

been interdicted by the second respondent Village

Officer as per Ext.P8 stop memo, laments the

petitioner. According to the petitioner, the

extraction and removal of ordinary earth is for

effecting construction in terms of Exts.P2 and P3

building permit and development permit.

2. Though Ext.P2 development permit does not

mention the quantity of earth to be removed, it

stipulates for obtaining permission from the

Department of Mining and Geology for extraction of

earth. In Ext.P8 stop memo it is alleged that the

petitioner has removed more quantity of earth than

that was permitted under Exts.P4 and P5 permits.

3. In the circumstances, it is ordered that the

first respondent-Geologist shall inspect the site W. P. (C) No.4823 of 2021

in question and ascertain whether the removal and

transportation of earth is in accordance with

Exts.P4 and P5 permits granted to the petitioner.

While conducting the inspection, the first

respondent shall put the Village officer-2 nd

respondent, the petitioner, and also the

complainant referred to in Ext.P8, on notice.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 4823/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 6.1.2020 IN WPC NO 35452/2019.

EXHIBIT P2 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 6.3.2020 ISSUED BY THE SECRETARY, PARALAMA GRAMA PANCHAYATH TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 6.3.2020 ISSUED BY THE SECRETARY, PARALAM GRAMA PANCAYATH.

EXHIBIT P4 TRUE COPY OF THE MINING PERMIT DATED 16.12.2020 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE MINING PERMIT DATED 20.1.2021 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE COUNTER FOIL OF CHELAN DATED 15.12.2020 REGARDING THE PAYMENT OF ROYALTY IN CONNECTION WITH EXHIBIT P4 PERMIT.

EXHIBIT P7 TRUE COPY OF THE COUNTER FOIL OF CHELAN DATED 18.1.2021 REGARDING PAYMENT OF ROYALTY IN CONNECTION WITH EXHIBIT P5 PERMIT.

EXHIBIT P8 TRUE COPY OF STOP MEMO DATED 29.1.2021 ISSUED BY THE SECOND RESPONDENT.

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