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N. NAGARESH
Mohandas P. D. S/o Late Divakaran – Appellant
Versus
District Geologist, Thrissur – Respondent
JUDGMENT :
N. NAGARESH, J.
1. These writ petitions raise a common question of law almost on similar facts. Hence, they are heard together and disposed of by a common judgment.
2. For convenience, facts of the case in W.P. (C) No. 34257 of 2022 are narrated here. Facts in other cases are almost identical. The petitioner is in ownership and possession of 0.297 Hectares of land situated in Peechi Village of Thrissur Taluk. The petitioner wanted to construct a residential building on the property. The Grama Panchayat, after verification, granted Ext.P3 Building Permit.
3. For the purpose of construction, ordinary earth has to be removed from the property. The Building Plan approved by the Panchayat indicated the quantity of ordinary earth to be removed for facilitating the construction. The ordinary earth so removed is to be transported out. Ordinary earth being a minor mineral, the petitioner requires Mineral Transit Passes to be issued by the 1st respondent-District Geologist.
4. The District Geologist, instead of issuing Mineral Transit Passes, issued Ext.P5 letter dated 23.02.2022 to the Range Forest Officer asking for his opinion as to whether the land of the petitioner being originall
Rule 3 of Special Rules, 1993 provides that lands under Rules may be assigned on Registry for purpose of personal cultivation or for house sites or for shop sites as case may be.
Point of Law : Application for development/building permits - No person shall develop or redevelop any parcel of land by subdividing into plots or cause to be done without first obtaining a permit fo....
Point of law: Though R.14(1) of the Kerala Minor Minerals Concessions Rules, 2015 require a quarrying permit for extraction of ordinary earth, R.14(2) provides that, a quarrying permit is not require....
Article 48A in part IV of Constitution of India dealing with a duty is cast upon State for 'protection and improvement of environment and safeguarding of forests and wildlife', of country.
The exemption under Rule 14(2) of the Kerala Minor Mineral Concession Rules applies solely to the landowner, dismissing any extraction by a non-owner.
Point of Law : As per Rule 2 (ii), the “Authorised Officer” means District Geologists/Assistant Geologists of the District Offices of the Department of Mining and Geology within their respective juri....
Permits and legal ownership protect rights against unlawful obstruction in property matters.
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