T.R. Ramachandran Nair, J.@mdashThis writ petition is filed by the petitioner aggrieved by condition No. 7 fixed in Ext. P4 order to obtain permission of the Panchayath for removing red earth from the property. The petitioner Church owns an extent of 5.96 Acres of land and intends to construct an educational institution for which a plan has been submitted before the 3rd respondent Panchayath for approval. Since the property is situated at different levels, for leveling the land, the earth has to be removed.
2. The petitioner approached the 1st respondent for issuance of sanction and the application was considered after completing various formalities including an enquiry. Ext. P4 order has been passed allowing the petitioner to remove red earth on certain conditions and as already noticed, condition No. 7 is one to obtain permission from the Panchayath. When the petitioner approached the Panchayath, they gave a reply as per Ext. P5 stating that the application is rejected. Even though notice is served on the 3rd respondent Panchayath, herein there is no appearance.
3. Learned counsel for the petitioner points out that under the Kerala Miner Mineral Concession Rules or under any of the Government Orders issued in the subject, previous permission from the local authority has not been provided for removal of red earth. Herein, it is submitted that no quarrying is involved and in the light of the above also, permission from the Revenue Divisional Officer alone is provided. Learned Government Pleader submitted that the condition was prescribed only to ascertain the views of the Panchayath before the removal of red earth. The authority of the Panchayath normally is confined to issuance of building permit. The Building Rules have been extended to the Panchayath and the Panchayath does not figure as an authority under the Kerala Miner Mineral Concession Rules for the purpose of granting permission for removal of red earth. Therefore, the condition prescribed in Ext. P4 namely, condition No. 7 to obtain permission from the Panchayath cannot survive. In fact, a reading of the Miner Mineral Concession Rules shows that No Objection Certificate from the Panchayath is required for digging up of pond under the proviso to the amended Rule 5. None of these contingencies arises herein.
In the light of the above, the condition No. 7 in Ext. P4 and Ext. P5 is quashed. The application for building permit submitted by the petitioner will be considered by the Panchayath. It is also clarified that for transporting red earth to any other property, the petitioner will have to comply with the provisions of the Kerala Miner Mineral Concession Rules by obtaining ''P'' Forms.
This writ petition is disposed of as above.
