T.K.RAMACHANDRAN Vs. VELLAVOOR GRAMA PANCHAYATH

JUDGEMENT

(1.) The discussions and the findings in this judgment relate to the requirement of a development permit from the local authority, for the issuance of transit pass under Section 14(2) of the Kerala Minor Mineral Concession Rules, 2015. Since common issues of law and facts arise for consideration in these writ petitions, they are being disposed of by a common judgment.

(2.) To construct a building in the property belonging to the petitioners, they obtained building permits from the concerned Panchayats. For constructing the building, since ordinary earth is required to be extracted and transported, they require transit passes from the Department of Mining and Geology. The first proviso to Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015 (hereinafter referred to as "the KMMC Rules, 2015 ") mandates production of a 'land development permit' from the local authority, for issuance of transit passes. According to the petitioners, since 'development works' as defined under the Panchayat Building Rules, 2019 is not required to be done in the property, a Development Permit is not necessary. However, since the Department of Geology insisted for production of a Development Permit as a condition for issuance of transit pass, the petitioners submitted applications to the respective Panchayats for issuance of Development Permit.

(3.) On the application for development permit, the Panchayats, refusing to issue the permit, have taken the following stance:-