Maimunathu Beevi vs State Of Kerala
2021 Latest Caselaw 20343 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                        WP(C) NO. 19890 OF 2021
PETITIONER:

          MAIMUNATHU BEEVI
          AGED 68 YEARS
          W/O MUHAMMED HANEEFA, SHINY MANZIL MULAKKUZHA,
          CHENGANNUR P.O.ALAPPUZHA DISTRICT

          BY ADV UNNI. K.K. (EZHUMATTOOR)



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
          KERALA, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001.

    2     DISTRICT COLLECTOR,
          CIVIL STATION, ALAPPUZHA-688 001.

    3     THE SENIOR GEOLOGIST
          MINING AND GEOLOGY, MINI CIVIL STATION, CHERTHALA,
          ALAPUZHA DISTRICT-688 524.

    4     MULAKKUZHA GRAMA PANCHAYATH,
          REPRESENTED BY ITS SECRETARY, MULAKKUZHA GRAMA
          PANCHAYATH, MULAKKUZHA P.O.CHENGANNUR-689 505.



          SURYA BINOY B-SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19890 OF 2021

                                     2


                                JUDGMENT

This writ petition is filed challenging Ext.P3 communication and

also seeking directions to the 3 rd respondent to issue Mineral Transit

Pass for transportation of red earth in terms of the Kerala Minor

Mineral Concession Rules and Kerala Minerals (Prevention of Illegal

Mining Storage and Transportation) Rules 2015.

2. Heard the learned counsel for the petitioner and the learned

Government Pleader. Though notice has been taken out to the 4 th

respondent by e-mail, there is no appearance for the 4 th respondent.

3. The learned counsel for the petitioner submits that the stand

taken by the Geologist in Ext.P3 that a development permit is required

for a consideration of the application submitted by the petitioner is

completely untenable and relies on Ext.P4 judgment of this Court. It is

submitted that the petitioner had submitted an application for building

permit as well as development permit before the Panchayath and that

the Panchayath had issued Ext.P1 building permit which contained the

details of the extractions required and the quantity of red earth to be

extracted as well. It is submitted that in terms of 2 nd proviso to Rule

14(2) of the Kerala Minor Mineral Concession Rules what is required WP(C) NO. 19890 OF 2021

where levelling of land and extraction of ordinary earth is involved is

that the building permit shall be accompanied by an approved building

plan obtained from the Local Self Government authorities concerned

which shall contain the area of land to be developed for the

construction of the building and the quantity of ordinary earth to be

extracted for such construction. It is submitted that Ext.P1 building

permit is accompanied by such a plan and containing all the details as

required. It is therefore submitted that the request made by the

petitioner for permission for extraction of earth and for transportation

of the same is liable to be considered in accordance with law.

4. Having considered the contentions advanced and having heard

the learned Government Pleader also, I am of the opinion that in the

light of the Provisions of the Rules and the circulars issued by the

Government and the Director, the stand taken by the 3 rd respondent

that a development plan and permit is required for a consideration of

the application for permission to extract red earth and for

transportation of the same is untenable.

Ext.P3 is, therefore, set aside. There will be a direction to the 3 rd

respondent to take up the request made by the petitioner for WP(C) NO. 19890 OF 2021

permission for extraction of red earth and for Transit Passes and to

consider and pass orders on the same taking note of the approved

building plan showing the area or land to be developed for the

construction and the quantity of red earth to be extracted. The 3 rd

respondent shall take note of the approved building plan and the

detailed extraction plan and shall pass appropriate orders considering

all relevant aspects of the matter and after conducting a site inspection

within a period of one month from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 19890 OF 2021

APPENDIX OF WP(C) 19890/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ALONG WITH THE APPROVED PLANS ISSUED BY THE PANCHAYATH

Exhibit P2 TRUE COPY OF THE 1ST PAGE OF APPLICATION FORM AND PLAN ALONG WITH RECEIPT

Exhibit P3 TRUE COPY OF THE LETTER DATED 7.9.2021 OF THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF THE COMMON JUDGMENT DATED 26.7.2021 IN WPC NO 14154 AND 11725/2021