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2016 Supreme(Ker) 779

K.VINOD CHANDRAN
Annamma Poulose W/o. M. Poulose, Puthenpura Vadakkathil – Appellant
Versus
District Collector Collectorate, Kollam – Respondent


Advocates Appeared:
For the Petitioner: Sri. George Varghese (Perumpallikuttiyil), Sri. A.R. Dileep, Sri. Manu Sebastian, Sri. P.J. Joe Paul
For the Respondent: Sri. Renil Anto, Sri. K. Siju, Smt. S. Seetha, Sri. P.K. Abdu Raheem Sri. Sooraj T. Elenjickal, Sri. P.A. Mohammed Shah, Smt. P.M. Mazna Mansoor, Smt. V.A. Haritha, Smt. Sandhya R. Nair, Dr. K.P. Satheesan, Sri. P. Mohandas (Ernakulam)

JUDGMENT :

K. Vinod Chandran, J.

The petitioner is concerned with the large scale removal of ordinary earth from her adjacent properties belonging to the respondents 7 to 14. The petitioner contends that such removal has been effected by reason of exemption available; both in the Kerala Minor Mineral Concession Rules 1967 (for short Rules of 1967) and the Kerala Minor Mineral Concession Rules 2015 (for short KMMC Rules); the latter of which superseded the former. The exemption, for excavation of ordinary earth on the strength of building permits issued by the Local Self Government Institutions (LSGI's) is said to be creating regular instances of wide spread mining all over the State without any quarrying permit, thus resulting in deleterious consequences to the environment. The petitioner in the instant case, is pointedly concerned about the mining conducted by respondents 7 to 14, in her adjacent property; resulting in the loss of lateral support to her property.

2. The petitioner is the owner in possession of 6.10 Ares of property comprised in Sy. No. 126/13 of Poruvazhi Village in Kunnathur Taluk wherein the petitioner and her family are residing in a residential building. The 7th






































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