VIJAYAN v. DISTRICT GEOLOGIST MINING AND GEOLOGY DEPARTMENT

DISTRICT GEOLOGIST MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, CHEMBUKAVU, THRISSUR DISTRICT., PIN - 680020 CHOWANNUR GRAMA PANCHAYAT CHOVANOOR P.O, THRISSUR, REPRESENTED BY SECRETARY., PIN - 680517 SECRETARY CHOVANNUR GRAMA PANCHAYAT, CHOVANOOR P.O, THRISSUR., PIN - 680517 BY ADV SHRI.R.RAJPRADEEP, SC, CHOWANNUR GRAMA PANCHAYAT OTHER PRESENT: GP - BINOY DAVIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2024, THE COURT ON 23.01.2024 DELIVERED THE FOLLOWING: W.P.(C). No.39956 of 2022 : 2 : VIJU ABRAHAM, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.39956 of 2022 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of January, 2024 JUDGMENT The petitioner has approached this Court aggrieved by Ext.P7 stop memo and for a direction to the 1st respondent to extend the validity of Ext.P4 order and to issue sufficient transit passes to remove the ordinary earth from the landed property of the petitioner to complete the proposed construction of a football turf.

The petitioner submits that he has obtained necessary building permit from the 2nd respondent Panchayat, as is evident from Ext.P2. The petitioner submits that his property is not lying in an even manner and it is necessary to remove the ordinary earth from the said site so as to start the construction as permitted by the respondent panchayat. Thereupon the petitioner approached the 1st respondent and submitted necessary application and he has paid royalty to the Government. Thereafter the 1st respondent based on the application submitted by the petitioner permitted to remove 9262 metric tons of ordinary earth from the proposed site and issued 926 transit passes valid up to 10.12.2022, as is evident from Ext.P4 order. Based on Ext.P4 order, the petitioner started to W.P.(C). No.39956 of 2022 : 3 : develop construction activities in his site and started to remove ordinary earth from the proposed site. Thereupon there were some dispute with the local people in respect of the work undertaken by the petitioner. Thereafter, to the surprise of the petitioner, Ext.P7 stop memo has been issued by the 3rd respondent to stop the activity of removal of earth from the landed property. It is aggrieved by the same, the petitioner has approached this Court. Subsequent to Ext.P7 stop memo, the passes issued by the 1 st respondent was surrendered with a request to renew the period mentioned in the permit and to validate the pass. The petitioner also submits that he has preferred Ext.P10 application before the 1st respondent for permitting the petitioner to extend the validity of the permit for removal of ordinary earth from the landed property for the construction activities undertaken and the petitioner has also preferred Ext.P11 request before the 2nd respondent to withdraw the stop memo issued, which was duly received as per Ext.P12 receipt.

The learned Standing Counsel for the 2nd respondent would submit that the stop memo has been issued as the petitioner removed earth from the property in violation of the conditions in the building permit, inasmuch as the petitioner removed earth W.P.(C). No.39956 of 2022 : 4 : beyond 1.5 metres for which permission from the Geologist is necessary and a report has been submitted by the Geologist that the petitioner has excavated land beyond 2 metres. The petitioner submits that since such a stand was taken by the 3 rd respondent, he has preferred Ext.P10 request before the Geologist.

The learned Standing Counsel for respondents 2 and 3 submits that if necessary permission is granted by the Geologist, they have no objection for the petitioner undertaking construction activities as permitted by the Geologist.

After considering the facts and circumstances of the case, I am of the view that since the excavation is beyond 1.5 metres, petitioner has to file necessary application as provided in Rule 12 of the Kerala Panchayat Building Rules 2011. Learned Counsel for the petitioner submits that necessary application shall be filed without any delay. If such application is filed, the 3rd respondent shall consider and pass orders on the same, within a period of one month from the date of receipt of the application. Subject to the further orders to be passed by the 3rd respondent, necessary permission shall be granted by respondents 2 and 3 for undertaking construction activity in the subject property by withdrawing the stop memo. It is also made clear that subject to W.P.(C). No.39956 of 2022 : 5 : the orders to be passed as directed above, the 1st respondent shall also extend the validity of the permit as well as the transit passes issued in favour of the petitioner.