Back
ANU SIVARAMAN
Lissy Thomas, W/o. Late Thomas – Appellant
Versus
Ramapuram Grama Panchayat, Represented By Its Secretary – Respondent
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 in
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.
The court upheld the Geologist's order limiting excavation to a specified area, emphasizing compliance with safety regulations and the need to prevent unauthorized blasting operations.
The court mandates timely consideration of No Objection Certificate applications as per the provisions of the Kerala Minor Mineral Concession Rules.
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....
Rule 106 of the Kerala Minor Mineral Concession Rules exempts the need for obtaining quarrying permit/lease for extraction of minor minerals for special purposes, and only requires intimation to the ....
The court emphasized that Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015, contemplates construction of buildings and is not confined to construction and digging of foundations for buil....
Transit passes cannot be denied based on mere apprehensions regarding construction compliance; appropriate actions can be taken for violations post-issuance.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
