IBRAHIM Vs. GEOLOGIST

JUDGEMENT

(1.) The petitioner is aggrieved with the denial of O(A) Forms for removing the overburden (ordinary earth) collected in the premises, in which the petitioner has been permitted to quarry laterite stones.

(2.) The petitioner was issued with Ext.P1 permit for quarrying laterite stones. The petitioner contends that after removal of laterite stones there is overburden remaining in the premises, for which there is a requirement, as is evidenced from Ext.P2. The requirement, as seen from Ext.P2, is for executing a public work and it is submitted that if the petitioner is permitted to remove the ordinary earth to the work site of the person who has been awarded the contract by Ext.P2, then, the petitioner would protect the quarry as provided in Rules 10(q) of the Kerala Minor Mineral Concession Rules, 2015 ('Rules' for short). It is also submitted that, in any event, Rule 106 provides for quarrying of earth for public works, even without a permit.

(3.) The learned Government Pleader, however, refutes the contention of the petitioner on the ground that Rule 15 of the Rules specifically prohibits such removal of overburden.