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2016 Supreme(Ker) 921

ANIL K.NARENDRAN
Kunjalavi Chellamma – Appellant
Versus
District Geologist – Respondent


Advocates Appeared:
For the Appellant :Sri. Alexander George, Advocate
For the Respondent:Sri. Mohammad Savad, Government Pleader, Sri. S. Sudheeshkar, Advocate

JUDGMENT :

Anil K. Narendran, J.

The petitioner, who is stated to be the owner in possession of 15.20 Ares of property in Sy.No.366/28 of Pavithreshwaram Village in Kottarakkara Taluk has filed this Writ Petition mainly seeking for a writ of mandamus commanding the District Geologist, Kollam, the 1st respondent herein, to issue Mineral Transit Pass in Form O(A) under Rule 25 read with Rule 26 of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015, for transportation of ordinary earth from the said property in connection with the construction of a residential building for which she has obtained Ext.P1 building permit dated 7.4.2015 from Pavithreshwaram Grama Panchayat.

2. Going by the averments in the Writ Petition, the petitioner wants to develop 10.20 Ares out of 15.20 Ares in Sy.No.366/28 of Pavithreshwaram Village as a plot fit for construction of residential building, after extracting ordinary earth from the said property, which lies at an elevation of few meters above the road level. In order to construct a residential building, the petitioner has obtained Ext.P1 building permit bearing No.A3-2304/15 dated 7.4.2015 from Pavithreshwaram Grama








































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