The petitioner is the holder of building permit to construct a residential building. Ext.P2 is the permit. In view of the above, the petitioner does not require permit to extract ordinary earth from the site noted down by Ext.P2. However, for the purpose of transporting, the petitioner requires 'P' form. Therefore, there shall be a direction to the Geologist to issue necessary 'P' form to the petitioner on being satisfied the genuineness of the claim of the petitioner. However, the Geologist shall ascertain the quantity of the earth to be removed from the site as per Ext.P2 after adverting to the plinth area of the building and issue necessary 'P' form to the petitioner. Needful shall be done within a period of two weeks without insisting NOC or environmental clearance. If the petitioner fails to construct any residential building, it can be concluded that this WP(C).No.31890/2014-I.
2 building permit is obtained without authority and necessary action shall be taken against the petitioner for violation of Kerala Miner Mineral Concession Rules.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
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