----------------------- The petitioner is the owner of building permit for the construction of a residential building. Ext.P2 is the Building permit. As per Ext.P2 Government Order, the petitioner does not require permit to extract ordinary earth from the site covered by building permit. However for the purpose of transporting ordinary earth, 'P- form' is required. Therefore, there shall be a direction to the District Geologist, Ernakulam to issue necessary 'P-form' to the petitioner on being satisfied with the genuineness of Ext.P2 to transport ordinary earth. The Geologist shall also ascertain the quantity to be removed from the site after considering the plinth area of the proposed building.
2. Needful shall be done within a period of two weeks from the date of receipt of a copy of this judgment without insisting No Objection Certification and Environmental clearance. However it is made clear that if the petitioner fails to construct any residential W.P.(C).No.32971 of 2014
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building after removing of earth from the site, the Geologist shall take action against the petitioner for violation of the provisions of Minor Mineral Concession (Amendment) Rules, 2012 or any other Rules.
The writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, JUDGE jm/