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2004 Supreme(Ker) 379

K.BALAKRISHNAN NAIR
Soman – Appellant
Versus
Geologist – Respondent


Judgment :-

The petitioners are challenging two conditions imposed by the Geologist, while granting the quarrying permits to them for quarrying ordinary sand and brick clay from their properties. The brief facts of the case, as stated by the petitioners, are the following:

2. The petitioners have been granted Ext.P1 series permits, to quarry ordinary sand/brick clay from various extents of land in Velloor Village in Vaikom Taluk. Those permits were issued with 18 conditions, subject to which the minor mineral can be mined. The petitioners are aggrieved by condition Nos.2 and 15 in those permits. They are extracted below for convenient reference.

"2. No quarrying shall be done within 75 metres of rail way line and 50 metres of public road, water course, residential building, boundary wall of place of worship, burial grounds or burning ghats, except under and in accordance with the previous permission of the State Government or the competent authority".

"15. No dewatering the mine pit using pump is permissible and mining has to be ceased once this becomes necessary and mining should be done manually".

3. The petitioners seek to quash the above said conditions. According to them, while is



































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