JEIBIN MATHEWS VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The case of the petitioners is that, on the strength of Ext.P1 Building Permit, the petitioners levelled the property by removing ordinary earth for construction of a residential building. But when the petitioners approached the 6th respondent/Geologist with a request for issuance of Mineral Transit pass to transport the earth from his property, it was refused to be acted upon.

(2.) Heard the learned Counsel for the petitioners and the learned Government Pleader.

(3.) By virtue of Rule 14 of the Kerala Minor Mineral Concession Rules, 2015 the persons doing construction of residential building including flats or commercial buildings having a plinth area upto 300 square metres are exempted from obtaining quarrying permit under the Rules, if the owner of the land has obtained a prior valid permit for construction of such building from the concerned Local Self Government authority. The said Rule reads as follows: