Kerala High Court
K.A.Sathish Krishnan vs The Federal Bank Of India Ltd on 16 October, 2015
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937
WP(C).No.31618 of 2014 (B)
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PETITIONER:
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K.A.SATHISH KRISHNAN,S/O.LATE K.APPUKUTTAN NADAR,
AGED 42 YEARS,KUNNOTH HOUSE,EDAYAR,
BINANIPURAM P.O.,ERNAKULAM.
BY ADV.SRI.DENIZEN KOMATH
RESPONDENT'S:
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1. THE FEDERAL BANK OF INDIA LTD,
PAPPANAMCODE BRANCH,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGER - 695 614.
2. KRISHNANKUTTY,S/O.PONNUNADAR,671,
CHIRATHALAVILAKAM 3,BALARAMAPURAM P.O.,
THIRUVANANTHAPURAM - 695 501.
3. SASIDHARAN,CHIRATHALAVILAVEEDU,
SWANKOVIL ROAD,BALARAMAPURAM P.O.,
THIRUVANANTHAPURAM - 695 501.
R1 BY ADVS.SRI.A.ANTONY
SMT.LEELAMMA ANTONY
R3 BY ADVS.SRI.ABU MATHEW
SRI.AJU MATHEW
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11-06-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
pk
WP(C).No.31618 of 2014 (B)
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APPENDIX
PETITIONER'S EXHIBITS:
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P1 -TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF APPUKUTTAN NADAR.
P2 - TRUE PHOTOCOPY OF THE FINAL ORDER IN OA NO.111/2008.
P3 - TRUE PHOTOCOPY OF PROCLAMATION AND SALE NOTICE DT.12.11.14.
RESPONDENT'S EXHIBITS: NIL
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//TRUE COPY//
P.S.TO JUDGE
pk
A.MUHAMED MUSTAQUE, J.
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W.P.(C) No.31618 of 2015
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Dated this the 16th day of October, 2015
J U D G M E N T
The case of the petitioner is that, on the strength of Ext.P1 Building Permit, the petitioner levelled the property by removing ordinary earth for construction of a residential building. But when the petitioner approached the 1st respondent/Geologist with a request for issuance of Mineral Transit pass to transport the earth from his property, it was refused to be acted upon.
2. Heard the learned Counsel for the petitioner and the learned Government Pleader.
3. By virtue of Rule 14 of the Kerala Minor Mineral Concession Rules, 2015 the persons doing construction of residential building including flats or commercial buildings having a plinth area upto 300 square 2 W.P.(C) No.31618 of 2015 metres are exempted from obtaining quarrying permit under the Rules, if the owner of the land has obtained a prior valid permit for construction of such building from the concerned Local Self Government authority. The said Rule reads as follows:
"14. Quarrying permit for Ordinary earth: (1) A quarrying permit under these rules shall be obtained for extraction of ordinary earth used for filling or levelling purposes in construction of embankments, roads, railways or buildings in Form N:
(2) Notwithstanding anything contained in sub-rule (1), no quarrying permit is required under these rules for extraction of ordinary earth in connection with the construction of residential buildings including flats or commercial buildings having a plinth area of 300 square metres if the owner of the land obtained a prior valid permit for construction of such building from the Local Self Government authorities concerned;
3 W.P.(C) No.31618 of 2015
Provided that in cases where transportation of ordinary earth is required, the owner shall pay royalty for the quantity to be transported and shall obtain mineral transit passes under the Kerala State Minerals (Prevention of illegal mining, storage and transportation) Rules, 2015 from the competent authority;
Provided further that the competent authority shall not issue mineral transit passes for removal of ordinary earth exceeding the quantity needed to be extracted, as ascertained by it through a site inspection."
4. In the above facts and circumstances, 1st respondent/District Geologist is directed to issue 'Mineral Transit Pass' in Form O(A) of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 (for brevity "Prevention Act"], on being satisfied with the genuineness of the claim of the petitioner based on Exhibit P1 Building permit, without insisting for 4 W.P.(C) No.31618 of 2015 'NOC'/Mining permit; in accordance with law, which shall be done at the earliest at any rate within two weeks from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent/District Geologist for further steps. The Geologist shall not restrict the number of vehicles for the purpose of transporting.
The writ petition is disposed of.
A.MUHAMED MUSTAQUE, JUDGE jm/ 5 W.P.(C) No.31618 of 2015