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2023 Supreme(Online)(Ker) 62947
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
PHILIP JOHNSON – Appellant
Versus
THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY – Respondent
WP(C) NO. 35208 OF 2023
For the Appellants/Petitioners: P.SIVARAJ, M.MEHAR, FARSANA MEGHA.M.S.
For the Respondents: Sasith M R, BIMAL K. NATH
Authority to issue movement permits based on building area is clarified under specified rules.
Headnote:The provision of Rule 14 (4) of the Kerala Minor Mineral Concessions Rules, 2015 mandates that permits should be issued by appropriate authorities based on the plinth area. The court directs the panchayat to consider necessary applications given the plinth area is less than 3000 sq.ft.
| Table of Content |
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| 1. grounds for rejection of movement permits. (Para 1) |
| 2. authority to issue permits based on plinth area. (Para 2) |
| 3. court's directive for application consideration. (Para 3) |
The application of the petitioner for movement permit and transit pass have been rejected by the 1st respondent, Geologist by Ext. P11 on the ground that the plinth area of the building is only 63.89 M, [JUDGMENT] and it is for the concerned panchayat to consider the said applications. When the petitioner approached the panchayat, the panchayat rejected the applications by Ext. P12 stating that the quantity of the earth to be removed is 15667.97 M3 and the area of the land is 2808 M2 and it is for the Geologist to issue necessary permit and passes.
2. As per the proviso to Rule 14 (4) of the Kerala Minor Mineral Concessions Rules , 2015, in cases of buildings with a plinth area upto 3000 sq.ft, the movement permit and transit pass shall be issued by the District Geologist on an application made by the building permit holder. If the area is less than the aforesaid extent, it is for the Secretary of the Local Self Government institution to issue movement permit.
3. Heard the learned counsel for the petitioner and the learned Government Pleader.
Going by Exts. P1 to P3, since the plinth area of the building is less than 3000 sq.ft, it is for the Secretary of the panchayat to issue necessary permit to the petitioner. Accordingly, there will be a direction to the 2nd respondent to consider the application of the petitioner for movement permit and transit passes in accordance with law. This shall be done within a period of one month from the date of receipt of a certified copy of this judgment.
The writ petition is disposed of.
Sd/-
