JUDGMENT The petitioner approached this Court seeking a direction to consider Ext.P7 application for transit permit to remove ordinary earth. Learned counsel relied on the exemption under Rule 14 (2) of the Kerala Minor Mineral Concession Rules , 2015.

2. Learned Government Pleader would point out that Rule 14 cannot be pressed into service in a case, where the petitioner seeks to extract ordinary earth from his friend’s property. Going by Rule 14 (2), only the owner of the land can obtain a prior valid building permit and the exemption contemplates only filling of earth from his own land.

3. Having heard the learned counsel for the petitioner and the learned Government Pleader, this Court finds merits in the submission made by the learned Government Pleader. Rule 14 (2) of the Kerala Minor Mineral Concession Rules , 2015 is extracted hereunder:

“14. Quarrying Permit for Ordinary earth.--(1)xxxxxx [(2)“Notwithstanding anything contained in sub-rule (1), no quarrying permit is