Kerala High Court
G. D. Builders vs State Of Kerala on 27 May, 2025
WP(C) NO. 17089 OF 2025 1 2025:KER:36523
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947
WP(C) NO. 17089 OF 2025
PETITIONER:
G. D. BUILDERS,
REPRESENTED BY MANAGING PARTNER, MR. M. D. BALAGOPALAN,
1ST FLOOR, GOURI CHAMBERS, STATUE JUNCTION,
THRIPUNITHURA P. O, ERNAKULAM, PIN - 682301
BY ADVS.
RENJITH B.MARAR
LAKSHMI.N.KAIMAL
P.RAJKUMAR
KESHAVRAJ NAIR
BIJU VIGNESWAR
ARUN POOMULLI
ABHIRAM.S.
GAADHA SURESH
T.K.BABU
VISWANATH JAYAN
AKHILA RADHAKRISHNAN
SARIGA RAMACHANDRAN M.
AKSHAY SHIBU
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF INDUSTRIES,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE VILLAGE OFFICER,
NADAMEL-THEKKUMBHAGOM,GROUP VILLAGE,
THRIPUNITHURA P. O,ERNAKULAM, PIN - 682301
WP(C) NO. 17089 OF 2025 2 2025:KER:36523
3 THE GEOLOGIST,
DISTRICT MINING AND GEOLOGY DEPARTMENT,
CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682030
4 THE SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE,FORT KOCHI, ERNAKULAM,
PIN - 682001
5 THRIPUNITHURA MUNICIPALITY,
REPRESENTED BY THE MUNICIPAL SECRETARY,LAYAM ROAD,
THRIPUNITHURA P. O,ERNAKULAM, PIN - 682301
BY ADV K.S.ARUN KUMAR
OTHER PRESENT:
SMT.DEEPA NARAYANAN, ST. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17089 OF 2025 3 2025:KER:36523
JUDGMENT
The petitioner wants to construct a residential cum
commercial building in his land. Soil analysis test was
conducted. For the construction of the basement, soil
was excavated to a depth of 2.7 meters. Excavated soil
is stored in the same land. The 2 nd respondent conducted
an inspection of the site and issued a stop memo.
Thereafter,the petitioner approached the 3rd respondent-
Geologist and applied for mineral transit pass under
Rule 14 of the Kerala Minor Mineral Concession Rules,
2015 (KMMCR, for short). The petitioner also expressed
their willingness to remit the royalty by filing an
affidavit. The 3rd respondent - Geologist opined that
the soil excavated contains clay, and hence NOC under
Rule 104 of the KMMC Rules is required. Accordingly, the
petitioner applied for NOC. The same is rejected vide
Ext.P14, on the premise that the petitioner had violated
Ext.P9 stop memo.
2. Heard the learned counsel for the petitioner,
learned standing counsel for the 5th respondent and the
learned Government Pleader.
WP(C) NO. 17089 OF 2025 4 2025:KER:36523
3. This Court notice that alleged violation, if any,
of the stop memo does not afford a legal ground to
refuse petitioner's application for issuance of NOC. If
there is violation of the stop memo, necessary action
as per law can be initiated against the petitioner.
However, the application for issuance of NOC has to be
considered on merits, on the parameters as envisaged by
law. In the circumstances, Ext.P14 is set aside, the
same having been found to be illegal. There will be a
direction to the 3rd respondent to consider and pass
orders in the application for issuance of NOC dated
9/1/2025 in accordance with law, and in the light of the
observations contained in this judgment, expeditiously,
at any rate, within a period of one month from the date
of receipt of a copy of this judgment. The petitioner
will produce a copy of this judgment before the 3rd
respondent, for necessary compliance.
This WP(C) is disposed of as above.
Sd/-
C. JAYACHANDRAN
ska JUDGE
WP(C) NO. 17089 OF 2025 5 2025:KER:36523
APPENDIX OF WP(C) 17089/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
BEARING NO. 89657987 DATED 20.11.2024 ISSUED
BY THE NADAMA VILLAGE OFFICE.
Exhibit P2 TRUE COPY OF THE SOIL ANALYSIS REPORT DATED
31.07.2023 ISSUED BY CGL GEOINFORMATICS.
Exhibit P3 TRUE COPY OF THE BUILDING PERMIT AND SITE
APPROVAL DATED 25.01.2024 ISSUED BY THE 5TH
RESPONDENT.
Exhibit P4 TRUE COPY OF THE CERTIFICATE OF REGISTRATION
OF REAL ESTATE PROJECT ISSUED BY THE KERALA
REAL ESTATE REGULATORY AUTHORITY BEARING
REGISTRATION NO. K-RERA/PRJ/ERN/051/2024
DATED 01.03.2024.
Exhibit P5 TRUE COPY OF THE NOC FOR BUILDING PERMIT
ISSUED BY THE DEPARTMENT OF FIRE AND RESCUE
SERVICES BEARING NO.
FRS/07/TPRA/18379/2023/SITE DATED 17.10.2023.
Exhibit P6 TRUE COPY OF THE NOC ISSUED BY THE KERALA
STATE POLLUTION CONTROL BOARD BEARING NO.
KSPCB/ER1/ICE/10043567/2023 DATED 09.12.2023.
Exhibit P7 TRUE COPY OF THE LOCATION PLAN CERTIFICATE
BEARING NO. 2732/24 DATED 25.11.2024 APPROVED
BY THE ASSISTANT ENGINEER OF THE 5TH
RESPONDENT.
Exhibit P8 TRUE COPY OF THE DEMARCATION CERTIFICATE
ISSUED BY THE 2ND RESPONDENT BEARING NO.
2534/24 DATED 26.09.2024.
Exhibit P9 TRUE COPY OF THE STOP MEMO DATED 18.09.2024
ISSUED BY THE 2ND RESPONDENT.
Exhibit P10 TRUE COPY OF THE REQUEST DATED 03.12.2024 OF
THE PETITIONER BEFORE THE 3RD RESPONDENT.
WP(C) NO. 17089 OF 2025 6 2025:KER:36523
Exhibit P11 TRUE COPY OF THE AFFIDAVIT DATED 15.11.2024
SWORN IN BY THE PETITIONER.
Exhibit P12 TRUE COPY OF THE LETTER DATED 08.01.2025
BEARING NO. DOERN-DMG/1394/2024-E ISSUED BY
THE 3RD RESPONDENT TO THE PETITIONER.
Exhibit P13 TRUE COPY OF THE REQUEST DATED 09.01.2025
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT ALONG WITH ACKNOWLEDGEMENT
RECEIPT.
Exhibit P14 TRUE COPY OF THE ORDER DATED 11.04.2025
PASSED BY THE 4TH RESPONDENT.
Exhibit P15 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE SOIL
KEPT AT THE PROJECT SITE.
Exhibit P16 TRUE COPY OF THE JUDGMENT DATED 18.06.2024
PASSED BY THIS HON'BLE COURT IN RAJESH K.V.
VS. DISTRICT GEOLOGIST, DEPARTMENT OF MINING
AND GEOLOGY, THRISSUR, REPORTED IN 2024 KHC
ONLINE 533.
