JOSEPH PAILY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are owners of 50.90 Ares of property in Re-survey No.35/4-2, 35/4 (S79/81) of Manakkadu Village of Thodupuzha Taluk, seek to declare that the 2nd respondent has no jurisdiction to prevent transportation of red earth using Mineral Transit Pass in Form-O(A), outside Idukki District.

(2.) The petitioners obtained Ext.P1 Site Approval and Building Permit from Manakkad Grama Panchayat of Idukki District. The property where the building is to be constructed is above the road level. As the land had to be levelled, the petitioners obtained Ext.P2 Development Permit also.

(3.) As the petitioners could not find a suitable place in Idukki District for depositing the red earth removed for building construction, they applied to the Geologist for Mineral Transit Pass. In their Ext.P3 application, the petitioners sought to deposit the red earth outside Idukki District. The 3rd respondent-Senior Geologist issued Ext.P5 communication to the petitioners informing that permission cannot be granted for depositing red earth outside the District without obtaining a special order from the District Collector.