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Judgment
T.R.Ravi. J
The prayer in the writ petition is for a direction to issue quarrying permit to the petitioner on the basis of Exts.P1 and P2, after marking the area of extraction as per Ext.P4 survey map. It is submitted that a residential building has come up in the property after the issuance of the Environmental Clearance.
The Government Pleader on instruction submits that the building is located within 35 meters. The counsel for the petitioner submits that the property is of an extent of 3.9 Acres and the extraction is sought for only from 15 cents of property.
In the above circumstances, this writ petition is disposed of directing the respondents to demarcate the area where extraction can be done legally after providing for the 50 meters distance from the residential building as provided under Rule 10(f) of the Kerala Minor Mineral Concession Rules. Necessary action shall be completed within one month from the date of receipt of a copy of this judgment. After such demarcation, if the petitioner is entitled otherwise, steps shall be taken for issuance of quarrying permit.
