Kerala High Court
Rafeeq V.M vs The District Geologist on 30 September, 2023
WP(C) No.18902/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Saturday, the 30th day of September 2023 / 8th Aswina, 1945
WP(C) NO. 18902 OF 2023
PETITIONER:
RAFEEQ V.M., AGED 54 YEARS, S/O.MOIDEEN KUTTY, VALIYAKATH
HOUSE, 4/158, THOYAKKAVU P.O., VENKIDANGU, THRISSUR DISTRICT, PIN -
680513.
RESPONDENTS:
1. THE DISTRICT GEOLOGIST, OFFICE OF THE DISTRICT GEOLOGIST, MINI
CIVIL STATION, CHEMBUKKAVU,THRISSUR, PIN - 680020.
2. THE VILLAGE OFFICER, KILLANUR VILLAGE, MULAMKUNNATHUKAVU
P.O., THRISSUR DISTRICT, PIN-680581.
3. MULANKUNNATHUKAVU GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
MULAMKUNNATHUKAVU P.O., THRISSUR DISTRICT, PIN - 680581.
4. THE SECRETARY, MULAMKUNNATHUKAVU GRAMA PANCHAYAT, MULAMKUNNATHUKAVU
P.O.,THRISSUR DISTRICT, PIN - 680581.
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to render an interim direction directing the first respondent to
comply with the directions rendered by this Hon'ble Court in Exhibit P-9
judgment within a period of two weeks pending disposal of the Writ
Petition (Civil), in the interest of justice.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
11/09/2023 and upon hearing the arguments of SRI.BINOY VASUDEVAN, Advocate
for the petitioner and of SRI.SHEEJO CHACKO, Advocate for R3 & R4, the
court passed the following:
WP(C) No.18902/2023 2/4
MURALI PURUSHOTHAMAN, J.
========================
W.P.(C).No.18902 of 2023
==========================
Dated this the 30th day of September, 2023
ORDER
This Court in paragraph '7' of Ext.P9 judgment has
issued certain direction to the Panchayat as well as the
Geologist and the relevant portion reads as under:
"7. Having considered the contentions
advanced, I am of the opinion that the
application for building permit has to be
considered by the local authority concerned
and the local authority has to certify the
inevitability of the removal of the minor
mineral and the quantity thereof for the
construction of building. It is only thereafter
that an application in the nature of Ext.P7 can
be considered by the Geologist."
2. From Ext.P10 building permit, it is seen that no
reason whatsoever has been stated regarding the
inevitability or otherwise of removal of minor mineral and
the quantity of minor mineral required for the purpose of
the construction of the building. The 4th respondent is
therefore, directed to issue separate proceedings on the
WP(C) No.18902/2023 3/4
application of the petitioner for building permit to be
appended to Ext.P10 building permit, within a period of
one month. Before taking such a decision, the
petitioner shall also be heard.
Post after one month.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
WP(C) No.18902/2023 4/4
APPENDIX OF WP(C) 18902/2023
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 14.03.2023 IN
W.P.(C)NO.7613 OF 2023
