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2023 Supreme(Online)(Ker) 56503

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Pouly George – Appellant
Versus
The District Geologist – Respondent


JUDGMENT

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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 originally one

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