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2021 Supreme(Ker) 1013

ANU SIVARAMAN
Lissy Abraham S/o Sunny Abraham – Appellant
Versus
District Geologist, District Office of Mining and Geology Kottayam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: P.M. Ziraj, Irfan Ziraj.
For the Respondent: Sri. Appu P.S.

JUDGMENT :

ANU SIVARAMAN, J.

1. These writ petitions are filed challenging the orders of the Geologist by which the applications submitted by the petitioners for transit permits had been recited and the petitioners were permitted to remove only a lesser quantity of earth than what was provided in the development permits. The learned counsel for the petitioners submits that the petitioners in these writ petitions who are husband and wife intend to build three residential houses and that aggregate built up area of the three houses is much less than 20,000 square meter and for the said purpose, no environmental clearance whatever is required. It is submitted that the petitioners have obtained building permits and development permits and have made applications for transit passes on the basis of the said documents. It is submitted that the District Geologist has exceeded his jurisdiction as provided in Rule 14 of the Kerala Minor Mineral Concession Rules in issuing an order in the nature of the impugned order.

2. In W.P. (C) No. 17673/2021, a report of the 1st respondent has been placed on record with a memo by the learned Government Pleader. It is stated therein that Rule 14(2) is a speci

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