Petitioner claims to be the owner in possession of property having an extent of 17.6Ares in resurvey No.9/7-2 in Block No.16 in Kadangoor Village of Mennachil Taluk in Kottayam. Ext.P7 is the NOC issued by the District Collector for mining ordinary sand from an extent of 3.6Ares of land in the above survey number. Petitioner submits that based on the no objection certificate, brick layer had already been removed based on Ext.P2 Government Order. Petitioner needs to remove ordinary sand from the area covered in Ext.P7. Petitioner approached the Geologist for permit. By Ext.P8 this was rejected saying that the petitioner has to produce environmental clearance. According to the Geologist permission can only be granted to renew the existing permit and petitioner's application has to be considered as fresh to remove ordinary sand. Therefore petitioner needs to obtain environmental clearance.
2. Petitioner's case is that he has already got permission to remove brick layer and on the strength of the above, permission can be considered for renewal for the purpose of removing W.P(C).No.32179 of 2014V 2 ordinary sand from the same site covered by Ext.P7.
3. In view of the facts and circumstances, for the purpose of removing ordinary sand from the site covered by Ext.P7 treating the application as renewal of permit and without insisting for production of environmental clearance, permission can be issued to the petitioner if the petitioner has removed brick layer from the site covered by Ext.P7. Therefore after ascertaining that the petitioner has removed brick layer from the site covered by Ext.P7 and being satisfied with that, permit shall be issued to the petitioner for the purpose of removing ordinary sand from the site covered by Ext.P7 by the Geologist without insisting for production of environmental clearance or NOC.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/04/12/14