JUDGMENT

The successive Orders of the authorities, including the First Appellate Authority and the Second Appellate Authority, in the context of excavation of ordinary earth beyond the permitted area, in terms of Rule 14 (4) of the Kerala Minor Mineral Concession Rules, 2015 ('K.M.M.C Rules', for short)

are under challenge in this Writ Petition.

2. Ext.P1 is the building permit obtained by the petitioner in the year 2020 and Ext.P2 is the development permit. Ext.P3 is an application preferred by the petitioner before the Geologist seeking permission to remove ordinary earth, which was filed in terms of Rule 14 of the K.M.M.C Rules. Ext.P4 is the reply issued by the Geologist pointing out that no permit is required for excavation of ordinary earth for the purpose of construction of the building, unless it involves transportation of earth. In case of transportation, mineral transit pass has to be obtained. Accordingly, the petitioner developed and excavated ordinary earth and kept the same wi