Kerala High Court
Salim vs State Of Kerala on 8 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021/17TH BHADRA, 1943
WP(C) NO. 8211 OF 2021
PETITIONER:
SALIM, S/O.HAMSA, AGED 67 YEARS,
PANAYARAKUNNATHU VEEDU, ELAMBA,
AVANAVANCHERY P.O.,
THIRUVANANTHAPURAM - 695 103.
BY ADVS.
S.SUNIL KUMAR (PALAKKAD)
SRI.B.S.SURAJ KRISHNA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 MUDAKKAL GRAMA PANCHAYATH,
MUDAKKAL, ELAMBA P.O.,
THIRUVANANTHAPURAM - 695 103,
REPRESENTED BY ITS SECRETARY.
3 THE SECRETARY, MUDAKKAL GRAMA PANCHAYATH,
MUDAKKAL, ELAMBA P.O.,
THIRUVANANTHAPURAM - 695 103.
4 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE, KESAVADASAPURAM,
PATTOM PALACE P.O.,
THIRUVANANTHAPURAM - 695 004.
R2-R3 BY ADV M.R.SASITH
R1 & R4 SRI.SYAMANTHAK B.S, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.09.2021, ALONG WITH WP(C).8179/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.8211 & 8179 of 2021
:2 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021/17TH BHADRA, 1943
WP(C) NO. 8179 OF 2021
PETITIONER:
SANTHOSH K., AGED 38 YEARS,
S/O. KRISHNANKUTTY,
UTHRADAM PULLUKADU, KUNNUPURAM,
KARIMANAL P. O.,
THIRUVANANTHAPURAM - 695583.
BY ADVS.
SRI.S.SUNIL KUMAR (PALAKKAD)
SRI.B.S.SURAJ KRISHNA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 MUDAKKAL GRAMA PANCHAYATH,
MUDAKKAL, ILAMBA P.O.,
THIRUVANANTHAPURAM - 695103,
REPRESENTED BY ITS SECRETARY.
3 THE SECRETARY,
MUDAKKAL GRAMA PANCHAYATH,
MUDAKKAL, ILAMBA P. O.,
THIRUVANANTHAPURAM - 695103.
4 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE, KESAVADASAPURAM,
PATTOM PALACE P.O.,
THIRUVANANTHAPURAM - 695 004.
R2-R3 BY ADV SRI. M.R.SASITH PANICKER
R1 & R4 BY GOVT.PLEADER SRI.B.S.SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.8211 & 8179 of 2021
:3 :
JUDGMENT
~~~~~~~~~
Dated this the 8th day of September, 2021
[WP(C) Nos.8211 & 8179 of 2021]
In these writ petitions, the petitioners seek to
declare that they are entitled to Development Permit as per
Rule 5 of the Kerala Panchayat Building Rules since the
petitioners have produced application along with all required
documents.
2. The issue involved is as to the entitlement of the
petitioners to receive mineral transit passes to transport
ordinary earth which would be required for the building
construction undertaken by them. It is the contention of the
petitioners that in the absence of land development permit, the
Geologist will not issue mineral transit pass.
3. This Court had occasion to consider the issue in
Ramachandran v. Vellavoor Grama Panchayat [2021 (5)
WP(C) Nos.8211 & 8179 of 2021
KLT 1]. In the said judgment, this Court came to a conclusion
that unless there is development of land as defined under the
Kerala Panchayat Building Rules, land development permit
may not be insisted for obtaining mineral transit pass. This
Court ordered that if the building construction does not involve
development of land as defined under the Kerala Panchayat
Building Rules and if the applicant produces building permit
and approved building plan containing the area of land for
construction of the building and the quantity of ordinary earth
to be extracted for construction, then the Geologist should
consider the application and issue mineral transit pass without
insisting Development Permit.
In such circumstances, the writ petitions are
disposed of permitting the petitioners to approach the
Geologist for issuance of mineral transit pass producing the
building permit as well as the building plan containing the area
of land for construction of the building and the quantity of
ordinary earth to be extracted for construction. If the
petitioners make available the said documents, the 4 th
WP(C) Nos.8211 & 8179 of 2021
respondent-Geologist shall consider the applications in the
light of the judgment of this Court in Ramachandran v.
Vellavoor Grama Panchayat (supra) and issue mineral
transit pass to the petitioners in accordance with law, if the
petitioners are otherwise eligible. If the petitioners submit
applications, the 2nd respondent-Grama Panchayat should
consider and issue building plans showing the requisite details
as stated above.
Sd/-
N. NAGARESH, JUDGE
aks/08.09.2021
WP(C) Nos.8211 & 8179 of 2021
APPENDIX OF WP(C) 8211/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LOCATION SKETCH
NO.517/20 ISSUED BY THE VILLAGE OFFICER
EDAKKODE VILLAGE.
EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT
NUMBER-A4-50-3499/20 DATED 29/09/2020
ISSUED BY THE RESPONDENT NO.3.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.A4
3499/20 DATED 29/09/2020 ISSUED BY THE
RESPONDENT NO.3.
EXHIBIT P4 TRUE COPY OF THE NOTICE
NO.1972/DO/ML/2020 DATED 13/10/2020
ISSUED BY THE RESPONDENT NO.4.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.A4
1209/20 DATED 22/10/2020 ISSUED BY THE
RESPONDENT NO.3.
WP(C) Nos.8211 & 8179 of 2021
APPENDIX OF WP(C) 8179/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LOCATION SKETCH
NO.652/2020 ISSUED BY THE VILLAGE
OFFICER, MUDAKKAL VILLAGE OFFICE.
EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT NUMBER
A4-24/2532/20 DATED 29.07.2020 ISSUED
BY THE RESPONDENT NO.3.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.A4-
2531/20 DATED 27.07.2020 ISSUED BY THE
RESPONDENT NO.3.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION
NO.1542/DOT/ML/2020 DATED 24.09.2020
ISSUED BY THE RESPONDENT NO.4.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(a) THE TRUE COPY OF THE COMMUNICATION
ISSUED BY THE PANCHAYATH DEPUTY
DIRECTOR DATED 10.11.2020
EXHIBIT R2(b) THE TRUE COPY OF THE CIRCULAR ISSUED BY
THE GOVERNMENT OF KERALA NUMBERED AS
RA1/75/2021 DATED 11.02.2021
ncd
