Petitioner is the owner of the building permit. The petitioner has obtained Ext.P1 building permit from the Grama Panchayat for the construction work in her property. As per the Government Order no permit is necessary for extracting ordinary earth from the site covered by building permit. However, for transporting the ordinary earth P-Form is necessary. Petitioner started extracting ordinary earth based on the building permit. As per Ext.P4, the petitioner was directed to stop quarrying activities stating that the petitioner has misused the P-forms. The petitioner challenges Ext.P4 in this writ petition. 2. I am of the view that the Geologist shall ascertain the requirements of the petitioner with regard to the construction of the building with respect to the plan for constructing the building. Petitioner’s case is that she has not misused the P-Forms. She was removing the quanity of sand if that could be removed from the site corresponding to the plinth area of the residential W.P.(C).No.27033 of 2014 2 building. Therefore this has to be examined by the Geologist after personal site inspection and find out whether the petitioner has misused the P-Forms. If the petitioner has not misused the P-Forms with respect to the quantity of the sand removed from the site, necessarily, Ext.P4 shall be lifted.
Needful shall be done within a period of one week. If the petitioner committed any violation and if it is permissible, the petitioner shall also be permitted to compound the offence in terms of relevant provisions.
Writ petition is disposed of.
jm/ Sd/ A.MUHAMED MUSTAQUE, JUDGE