ANNAMMA KURIAN Vs. SECRETARY,MULAKULAM GRAMA PANCHAYAT

JUDGEMENT

(1.) Petitioner has approached this Court seeking to quash Ext.P4 and for a direction to the 2nd respondent to reconsider the application for transit passes submitted by the petitioner dtd. 20/5/2022 in tune with Ext.P3 approved building plan taking note of Ext.P7 and permit the petitioner to transport ordinary earth having quantity of 2860.45 M3 from the property of the petitioner situated in Re-survey No.397/1 in Block No.23 of Mulakulam Village, Vaikom Taluk, Kottayam District.

(2.) Petitioner with a desire to start a business of poultry farm in her property covered by Exts.P1 and P2, submitted an application for building permit which was allowed as per Ext.P3. As part of the construction to be undertaken a few areas have to be developed, which necessitated removal of ordinary earth having a quantity of 2860.45 M. Thereupon petitioner applied for issuance of transit passes before the 2nd respondent under Rule 14(2) of the Kerala Minor Mineral Concession Rules 2015. The 2nd respondent has rejected the same as per Ext.P4 taking a stand that for the proposed construction of a basement is not required and therefore, transit passes cannot be issued. Petitioner relies on Exts.P5 and P6 judgments of this Court, wherein this Court has held that the Geologist has no appellate powers over the orders issued by the appropriate local authority which has been empowered with the consideration of applications for building permit and approved building plans.

(3.) Heard the learned Government Pleader, who upon instructions submitted that the Geologist has raised an apprehension that the building has no basement and hence once the petitioner enjoys the concession under Rule 14(2), even if no such construction was made, no action can be taken against her and it is in the said circumstance, the application has been rejected.