JUDGMENT :

1. This writ petition is filed challenging Ext.P10 order issued by the 2nd respondent and seeking directions to the 2nd respondent to reconsider the application submitted by the petitioner for building permit and for approved building plan.

2. Heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned Standing Counsel appearing for the respondent Panchayat.

3. It is submitted by the learned counsel for the petitioner that the petitioner is the owner in possession of 13.65 Ares of land in Survey No.97/1 in Block No.25 of Vellilappally Village in Meenachil Taluk of Kottayam District. It is submitted that the petitioner had submitted an application for construction of a building in the property. It was found that it is necessary to remove ordinary earth to a quantity of 667.82 M3 and rock to a quantity of 706.97 M3 from an area having an extent of 349.88 M2 in the property of the petitioner, an application in due form with plan was submitted as Ext.P9. Ext.P10 order was passed rejecting the application on the ground that the Panchayat is empowered only to consider requests for removal of ordinary earth and since removal of rock is involved, the application cannot be considered by the Panchayat.

4. The learned counsel for the petitioner submits that Rule 106 of the Kerala Minor Mineral Concession Rules (for short, the KMMC Rules') specifically provides for removal of other minor minerals as well in a case of construction of residential building where the extraction of minor mineral becomes inevitable. It is submitted that going by the provisions of Rule 106, no quarrying permit is required and all that is required is the applicant must inform the Geologist of his intention to carry out the extraction and furnish necessary documents as required. It is stated that if the extracted mineral is to be transported outside the work site, the competent authority shall issue special mineral transit pass, after collecting the royalty. The learned counsel for the petitioner places reliance on a decision of this Court dated 8.2.2023 in W.P.(C) No.34170/2022 to contend that the building permit application can be duly considered by the Panchayat even in a case where removal of granite is involved.

5. The learned counsel appearing for the Panchayat submits that the Panchayat can consider the application for building permit and the request for removal of ordinary earth alone and that nothing further can be considered by the Panchayat.

6. The learned counsel for the petitioner would immediately point out that Rule 104 provides for obtaining of transit passes even in the cases where extraction of minor mineral is inevitable for any legitimate purpose only if the mineral is being transported outside the property where it is extracted. Referring to Rule 106 of the 2015 Rules also, it is contended that all that is required under Rule 106 where the extraction of minor mineral is inevitable as a part of work for the construction of common facilities or for residential building is an intimation to the competent authority of his intention to carry out the works to be performed and furnishing of necessary documents to such competent authority. It is stated that if the extracted mineral is to be transported outside the work site, the competent authority is to be approached for issuance of mineral transit passes. It is submitted by the learned counsel for the petitioner that the petitioner is only intending to construct a residential house in her property and that the extraction of minor mineral is inevitable for the purpose.

7. The learned Government Pleader would submit that the petitioner has to specifically intimate the Geologist as to the need for extraction of the minor mineral as also furnish the documents with regard to the property to show where the extraction is being carried out. It is stated that if the mineral is being transported outside the area of extraction, the petitioner has to pay royalty and