Kerala High Court
Shiarul Islam Sangam Chekkode vs The District Geologist on 25 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
WP(C) NO. 24066 OF 2022
PETITIONER:
SHIARUL ISLAM SANGAM CHEKKODE, ANAKKARA P.O.,
KAPPUR VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT,
REPRESENTED BY ITS PRESIDENT ABOOBACKER HAJI, SON
OF KUNJAVARAN HAJI, RESIDING AT KUNNAMPADATH
HOUSE, ANAKKARA P.O., CHEKKODU, PALAKKAD DISTRICT,
PIN - 679551
BY ADVS.
Noushad Thottathil
NOORJI NOUSHAD(K/183/1994)
FYZAL BABU V.K.(K/001147/2018)
BIJUMON K.K(K/000793/2018)
RESPONDENTS:
1 THE DISTRICT GEOLOGIST, DISTRICT OFFICE OF MINING
AND GEOLOGY, PALAKKAD DISTRICT,, PIN - 678001
2 THE DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE
MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM,
THIRUVANANTHAPURAM, PIN - 695001
3 KAPPUR GRAMA PANCHAYATH, PALAKKAD DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 679552
4 THE SECRETARY, KAPPUR GRAMA PANCHAYATH, PALAKKAD
DISTRICT, PIN - 679552
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SANTHEEP ANKARATH
GOVERNMENT PLEADER(GP-1)
OTHER PRESENT:
SR.GP - BIMAL K. NATH
THIS WRIT PETITION (CIVIL) HAVING BEEN
FINALLY HEARD ON 25.08.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No.24066 of 2023 :2:
VIJU ABRAHAM, J.
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W.P.(C). No.24066 of 2023
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Dated this the 25th day of August, 2023
JUDGMENT
The petitioner has approached this Court seeking a
direction to the 1st respondent Geologist to issue necessary
transit passes to the petitioner to transport ordinary earth from
the foundation of the building.
2. A counter affidavit has been filed by the Geologist
wherein it is stated that building permit and land development
permit have been granted by the local authority on the basis of
an affidavit filed by the petitioner that no earth need be removed
from the site and that the said soil removed will be deposited in
the said plot itself.
3. The petitioner now submits that, later on excavation it
was found that more quantity of soil is to be removed and the
said soil is required to be taken out of the plot, so as to
undertake the construction.
4. The learned Government Pleader submits that any
permit in this regard can be given only after a modified land
development permit is issued by the local authority. Thereupon
the petitioner submitted that necessary application for renewal
of permit as well as for modification of the land development
permit will be submitted by the petitioner. The petitioner also
submits that though a transit permit has been issued by the
Geologist, no transit pass was issued and that royalty to the tune
of Rs.49,000/- was paid by the petitioner.
5. Therefore, the petitioner shall file an application for
renewal of permit as well as for the modification of land
development permit, within a period of two weeks from today
and on receiving the same, the 4 th respondent shall take a
decision on the said application within a period of one month
thereafter. Based on the decision to be taken by the 4 th
respondent, the 1st respondent shall take appropriate steps in
this regard without much delay, under Rule 14(2) of the Kerala
Minor Mineral Concession Rules.
The writ petition is disposed as above.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
APPENDIX OF WP(C) 24066/2022
PETITIONER EXHIBITS
Exhibit- P1 TRUE COPY OF THE TAX RECEIPT IN
CONNECTION WITH THE PROPERTY OF
PETITIONER DATED 2.7.2022 ISSUED BY THE
VILLAGE OFFICER, KAPPUR
Exhibit- P2 TRUE COPY OF THE BUILDING PERMIT DATED
16.8.2019 ISSUED BY THE FOURTH
RESPONDENT TO THE PETITIONER
Exhibit- P3 TRUE COPY OF THE DEVELOPMENT PERMIT
DATED 16.10.2019 ISSUED BY THE FOURTH
RESPONDENT
Exhibit- P4 TRUE COPY OF THE TRANSIT PERMIT DATED
20.4.2022 ISSUED BY THE FIRST RESPONDENT
