SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Ker) 588

SATHISH NINAN
T. K. Ramachandran S/o Krishnan – Appellant
Versus
Vellavoor Grama Panchayath – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: P. Parvathy, Manas P. Hameed, Rafeek V.K.
For the Respondents: Ravikrishnan, Liji J. Vadakkedam.

JUDGMENT :

SATHISH NINAN, J.

1. The discussions and the findings in this judgment relate to the requirement of a development permit from the local authority, for the issuance of transit pass under Section 14(2) of the Kerala Minor Mineral Concession Rules, 2015. Since common issues of law and facts arise for consideration in these writ petitions, they are being disposed of by a common judgment.

2. To construct a building in the property belonging to the petitioners, they obtained building permits from the concerned Panchayats. For constructing the building, since ordinary earth is required to be extracted and transported, they require transit passes from the Department of Mining and Geology. The first proviso to Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015 (hereinafter referred to as “the C.R. KMMC Rules, 2015”) mandates production of a ‘land development permit’ from the local authority, for issuance of transit passes. According to the petitioners, since ‘development works’ as defined under the Panchayat Building Rules, 2019 is not required to be done in the property, a Development Permit is not necessary. However, since the Department of Geology insisted for producti

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top