Petitioner has approached this Court for non- consideration of Ext. P16 application by the 6th respondent. Petitioner submits that based on Ext.P3 permit, he has constructed a residential building and he requires to remove the remaining portion of the earth so as to utilise the residential building constructed by him.
2. Petitioner relies on Ext. P14 Notification issued by the Government wherein it is stated that ordinary earth can be removed from the site of the residential building without obtaining permit. Therefore, the geologist shall ascertain that the removal of ordinary earth is for the purpose of the residential W.P.C. No. 26147 of 2014 ..2..
building. On being satisfied with the genuineness of the claim of the petitioner necessary 'P - Form' shall be issued to the petitioner for transporting ordinary earth.
3. Petitioner submits that he intends to transport the ordinary earth from the licensed premise of the 9th respondent to Cherthala . I do not find any impediment to issue such 'P-Form' by the Geologist because destination is in another district. Therefore, on being satisfied that the requirement of the petitioner is for the purpose of residential building, necessary 'P-Form' shall be issued to the petitioner to transport ordinary earth from Pathanamthitta to Cherthala.
4. Needful shall be done within a period of ten days from the date of receipt of a copy of this judgment.
This Writ Petition is disposed of as above.
Dated this the 17th day of October, 2014.
Sd/- A.MUHAMED MUSTAQUE, (Judge) ani/ /truecopy/
P.S.ToJudge