Petitioners are the holders of Ext.P1 building permit for constructing a residential building. On the strength of Ext.P1 building permit petitioners want to extract ordinary earth from the site covered by Ext.P1 permit.
2. In view of Ext.P2 Government order, no permit is required for extracting ordinary earth from the site covered by building permit. However, for the purpose of transporting ordinary earth, P forms are necessary. Therefore, there shall be a direction to the Geologist to issue P-form on being satisfied with the genuineness of the claim of the petitioners based on Ext.P1 building permit after ascertaining the quantity to be removed from the site. Needful shall be done within a period of ten days from the date of receipt of a copy of this judgment. However, it is made clear that if the petitioners fail to construct any residential building, Geologist is free to take appropriate legal action against the petitioners for contravening the provisions of the Kerala Minor Mineral Concession Rules, 1967.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/15/12/14