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2019 Supreme(Ker) 253

ANIL K.NARENDRAN
Vinod Kumar – Appellant
Versus
The District Geologist Department of Mining And Geology – Respondent


Advocates Appeared:
For the Petitioner: Sri. P.M. Ziraj
For the Respondent: Sri. Manuraj K.J., Government Pleader

JUDGMENT :

The petitioner, who is stated to be the owner of a property having an extent of 11.02 Ares comprised in Re-survey No.S-216/11-3 of Ezhamkulam Village, has obtained Ext.P1 building permit issued by the Secretary of the Ezhamkulam Grama Panchayath dated 17.12.2018 and Ext.P2 development permit dated 17.12.2018. On 22.02.2019, the petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 1st respondent to issue transit permit and sufficient transit passes to transport ordinary earth extracted by him from the said property, for the purpose of construction of a residential building, after receipt of royalty, without insisting mining permit or environmental clearance, as provided under Rules 14 and 106 of the Kerala Minor Mineral Concession Rules, 2015, within a reasonable period. The petitioner has also sought for a direction to the 1st respondent to consider Ext.P3 application dated 04.02.2019 within a reasonable period.

2. On 25.02.2019, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.

3. On 25.03.2019, when this writ petition came up for consid















































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