IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 20^TH DAY OF AUGUST 2025 / 29TH SRAVANA, 1947 WP(C) NO. 21457 OF 2023 PETITIONER:

BIJU THOMAS, AGED 50 YEARS, SON OF THOMAS, CHAMAKKALAYIL HOUSE, CHERUVALLY P.O., CHERUVALLY VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, PIN – 686 543 BY ADVS.

SRI.P.M.ZIRAJ SHRI.IRFAN ZIRAJ SRI. VISHNU P.S.

SRI.BIPIN KRISHNAKUMAR SRI.ABHIJITH P.A.

SRI.MOHAMMED SHEHIN.S.S SMT.NIMISHA ANTONY RESPONDENTS:

1 VELLAVOOR GRAMA PANCHAYATH, MANIMALA, KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 686541

2 THE SECRETARY, VELLAVOOR GRAMA PANCHAYATH, MANIMALA, KOTTAYAM DISTRICT, PIN - 686541 ADDL.R3 THE DISTRICT GEOLOGIST, THE DEPARTMENT OF MINING AND GEOLOGY, COLLECTORATE, KOTTAYAM, KERALA (IMPLEADED AS PER ORDER DATED 17.08.2023 IN IA

1/2023 IN WP(C))

ADDL.R4 DIRECTOR OF MINING AND GEOLOGY, DEPARTMENT OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM (IMPLEADED AS PER ORDER DATED 17.08.2023 IN IA

1/2023 IN WP(C))

BY ADVS.

SRI.AJITH VISWANATHAN, GP SRI.LIJI.J.VADAKEDOM,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 20th day of August, 2025 The petitioner is aggrieved by Ext.P8 letter issued by the Secretary of the 1^st respondent Panchayat pointing out certain defects with respect to the petitioner’s application for issuance of a building permit. Out of the 5 defects pointed out, it is the contention of the petitioner that defects 2 to 5 have already been cleared. What remains is the defect pointed out at serial number 1, which according to the petitioner is beyond the powers of the Panchayat to stipulate. The defect no.1, as stipulated in Ext.P8, is extracted here below:

“നിർദിഷ്ട കെ(cid:7)ട്ടിടനിർമ്മാണ പ്ല(cid:14)ാട്ടിൽ earth cuttingപ്ലനാകെടാപ്പം തകെ(cid:19) പാറയും ഉള്ളതായി സൈ(cid:27)റ്റ് പരിപ്ല(cid:31)ാധനയിൽ പ്ല!ാധ്യകെപ്പട്ടു. നിലവിൽ പ്രസ്തുത സൈ(cid:27)റ്റികെ( ഒരുവ(cid:31)ം പാറകെപാട്ടിച്ചിട്ടുള്ളതായി പ്ല!ാധ്യകെപ്പട്ടു. ആയതിനാൽ സൈ-നിംഗ് ആ(് ജിപ്ലയാളജി വകുപ്പികെ( അനു-തി ലഭ്യ-ാക്കു(cid:7).”

2. Learned Counsel for the petitioner would invite the attention of this Court to Rule 14(12) of Kerala Minor Minerals Concession Rules, 2015 which speaks about excavation of any mineral, other than ordinary earth. If the same is inevitable for the construction and digging of foundation of a building, the applications in that regard has to be processed by the Department of Mining and Geology in accordance with Rule 104 or Rule 106 (1) of the KMMC Rules, upon production of a valid building permit along with approved plan from the Local Self Government Institutions concerned. It could, thus, be seen that the question of excavation of a mineral other than ordinary earth comes up for consideration before the Department of Mining and Geology, only after issuance of a valid building permit and approved plan by the Panchayat or such other Local self Government Institutions concerned. If that be so, an NOC from the Department of Miniory and Geology cannot be insisted by the Panchyat for the purpose of granting a building permit.

3. The legal position as canvassed by the petitioner is not challenged or disputed by the counsel for the respondents.

4. In the light of the above discussion, clause number 1, as indicated in Ext.P8, is illegal, which is declared.

5. In the circumstances, this Writ Petition is allowed directing the 1^st respondent Panchayat to process petitioner’s application for issuance of building permit, in accordance with law, without insisting for any NOC from the Department of Mining and Geology, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before the 1^st respondent, for compliance.

The Writ Petition is disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE nk APPENDIX OF WP(C) 21457/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEI