Petitioner approached the Geologist for issuance of P-form based on the directions of this Court in Ext.P2. Geologist by Ext.P3 rejected the application on the ground that there are vigilance enquiry being initiated against illegal quarrying based on building permit.
2. I do not find anything illegal in declining the request as it is only to ensure the genuineness of the claim of the petitioner. However, if the petitioner is a holder of building permit, necessary safeguard can be imposed to protect the public interest as well as interest of the State. Therefore after ascertaining the quantity of the ordinary earth to be removed from the site based on the plinth area in the building permit, necessary P-form shall be issued by the Geologist to the petitioner on the following conditions:
(i) Petitioner shall deposit a sum of `25,000/- (Rupees Twenty Five Thousand Only) towards security.
(ii) Petitioner shall pay the royalty. If petitioner constructs the building based on Ext.P1, the deposit of `25,000/- shall be returned to the petitioner.
Sbna/04/12/14 Sd/-
A.MUHAMED MUSTAQUE, JUDGE.