SABU GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) Since common issues are raised in these writ petitions they are heard and disposed of by a common judgment.

(2.) It is averred that the petitioner is the power of attorney holder of one John J. Chirayil who is an overseas citizen of India. Petitioner obtained a building permit issued by the local authority. It is submitted that ordinary earth has to be removed for the purpose of construction of residential building. After obtaining the building permit, the petitioner applied for movement permits for the transportation of 11417.36 MT of ordinary earth from the property. The 2nd respondent has issued Ext. P4 movement permit for transportation of 11417.36 metric tonnes of ordinary earth and the petitioner has remitted the royalty amount also. Since the ordinary earth could not be removed within the period allotted in Ext.P4, he has applied for renewal of Ext.P4 permit which has now been rejected as per Ext.P5, stating that since building permit is issued in favour of John J. Chirayil, who is an overseas citizen of India, the movement permit cannot be renewed.

(3.) The petitioners contend that the impugned orders were issued on a wrong understanding of the provisions of the Citizenship Act, 1955 (hereinafter referred to as 'the Act, 1955'), The Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the Act 1957') and Rules, 2015. The petitioners contend that they are not seeking any quarrying permit under the Rules 2015, but only transit passes for the transportation of ordinary earth in connection with the construction of residential buildings. It is further contended that an overseas citizen of India has all the rights of a citizen of India except those listed in Sec. 7B of the Act, 1955. It is in the said circumstances that the petitioners have approached this Court.