V ASHOKAN Vs. ELAKAMON GRAMA PANCHAYATH

JUDGEMENT

(1.) THE Petitioner is challenging Exhibit P2 'stop memo' issued by the 2nd respondent directing stoppage of excavation of 'Laterite' from the property owned by the petitioner, since it is violative of Rule 12 of the Kerala Panchayat Building Rules 2011. Inter alia the petitioner is seeking a declaration to the effect that Rule 12 is not applicable with respect to mining of Laterite Stones if the same is being conducted on the basis of a valid quarrying permit obtained from the authorities of the Department of Mining and Geology.

(2.) CONTENTION of the petitioner is that, Rule 12 of the Building Rules is applicable only with respect to development of land for any purpose of construction. According to the petitioner, the Kerala Panchayat Raj Building Rules itself is intended only to regulate construction of buildings and the Rule making power is derived by virtue of Section 235 A, 235 B, 235 F, 235 P and 235 W. Further contention is that, even assuming (without admitting) that the activity will come within the purview of excavation contemplated under Rule 12, such permit is required only if the excavation exceeds in the limits prescribed under Rule 12(1).