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Annamma Kurian – Appellant
Versus
Secretary, Mulakulam Grama Panchayat – Respondent
JUDGMENT :
Viju Abraham, J.
1. Petitioner has approached this Court seeking to quash Ext.P4 and for a direction to the 2nd respondent to reconsider the application for transit passes submitted by the petitioner dated 20.5.2022 in tune with Ext.P3 approved building plan taking note of Ext.P7 and permit the petitioner to transport ordinary earth having quantity of 2860.45 M3 from the property of the petitioner situated in Re-survey No. 397/1 in Block No. 23 of Mulakulam Village, Vaikom Taluk, Kottayam District.
2. Petitioner with a desire to start a business of poultry farm in her property covered by Exts.P1 and P2, submitted an application for building permit which was allowed as per Ext.P3. As part of the construction to be undertaken a few areas have to be developed, which necessitated removal of ordinary earth having a quantity of 2860.45 M3. Thereupon petitioner applied for issuance of transit passes before the 2nd respondent under Rule 14(2) of the Kerala Minor Mineral Concession Rules 2015. The 2nd respondent has rejected the same as per Ext.P4 taking a stand that for the proposed construction of a basement is not required and therefore, transit passes cannot be issued. Petitione
Transit passes cannot be denied based on mere apprehensions regarding construction compliance; appropriate actions can be taken for violations post-issuance.
Authorities are mandated to process statutory applications like Mineral Transit Passes in a timely manner to ensure compliance and avoid hardship.
Minor Mineral Concession Rules do not seem to explicitly provide for the documents to be submitted for issuance of transit passes in cases where the Building Rules do not provide for issuance of a De....
The Geologist must adhere to the provisions of Rule 14 of the Kerala Minor Mineral Concession Rules and cannot impose additional restrictions beyond what is specified in the rule.
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....
A Development Permit is not mandatory when constructing buildings that do not involve land development requiring the removal of ordinary earth.
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 : 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....
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