The petitioner is the holder of Ext.P2 building permit to construct a residential building. The petitioner wants to extract ordinary earth from the entire area in which the proposed residential house intended to be constructed. The petitioner has approached the Geologist as per Ext.P3 representation. On account of non consideration of Ext.P3, the petitioner has approached this Court.
2. In view of the Government Order the petitioner does not require permit from the Geologist to remove ordinary earth in respect of the site identified for constructing residential building. However for the purpose of transporting, the petitioner requires 'P' form. Therefore, the Geologist shall ascertain the quantity of the earth to be removed from the site after adverting to the plinth area of the building and issue necessary 'P' form to the petitioner.
WP(C).No.31747/2014-P.
2 However, it is made clear that the petitioner shall not remove earth from other than area need for constructing the building without obtaining permit from the Geologist. If the petitioner fails to construct any residential building, it can be concluded that the permit is obtained committing fraud to extract ordinary earth from the site and necessary penal action shall be taken against the petitioner for violation of Kerala Miner Mineral Rules.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE) Kvs/-
// true copy //