JACOB BARRY Vs. DISTRICT GEOLOGIST

JUDGEMENT

(1.) This Writ Petition is filed by holder of quarrying permit challenging Ext. P4 order whereby the petitioner request to remove the top soil of the rocks has been rejected stating that the top soil is required for filling the pit in the quarry. It appears that Geologist passed this order based on the circular issued by the Government dated 13.4.2014, in which it is stated that though separate permit is not required to remove the top soil, nevertheless, to fill the pit the top soil shall be used and only the balance can be permitted to remove from the site.

(2.) The learned Government Pleader would points out at Clause 15 of Ext. P1 permit and submit that in case of granite stone quarries where the pit has been formed, as a result of any mining operations, the permit holder shall provide necessary safeguards to surrounding areas in order to prevent the accident and thus filling of the pit is necessary by using top soil. It is also submitted by the learned Government Pleader that there is a provision for appeal to challenge Ext. P4 order under Rule 49 of Kerala Minor Mineral Concession Rules.

(3.) The learned counsel for the petitioner would rely on Rule 6 of Kerala Minor Mineral Concession Rules. It is submitted that he has already furnished the Bank guarantee for the purpose of requirement to safeguard the applied area after quarrying and if there is any danger on account of quarrying, necessarily that should be imposed by him and on his failure the Bank guarantee can be invoked against him.