IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH JULY, 2008 / 8TH SRAVANA, 1930 WP(C).No. 18197 of 2003 (N) PETITIONER: --------------- T.A.SHAIN, ADVOCATE, PRESIDENT, ELAVALLY GRAMA PANCHAYATH, P.O., CHITTATTUKARA- 680511, THRISSUR DISTRICT. BY ADV. SRI.T.A.RAJAGOPALAN RESPONDENTS: ------------------ 1. DISTRICT COLLECTOR, THRISSUR. 2. R.D.O. THRISSUR. 3. TAHASILDAR, THRISSUR. 4. VILLAGE OFFICER, ELAVALLY THRISSUR DISTRICT. 5. GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR. 6. AGRICULTURAL OFFICE, KRISHIBHAVAN, ELAVALLY, CHITTATTUKARA P.O., THRISSUR DIST. 7. S.K.MUHAMMED ISHAK, MANAGING PARTNER, TERRA FLOOR, MUNDOOR, PERIGANNUR, THRISSUR DIST. 8. N.S.BABU, S/O.SHANKARAN, SAIRAM TILES, P.P.ANNAKARA, THRISSUR. W.P.(C) NO.18197 OF 2003 :-2-: 9. K.K.ABDUL JALEEL, MANAGING PARTNER, CAP INDIA TILES, PERAMANGALAM, THRISSUR DISTRICT. 10. SAJEEVAN, S/O.VELAYUDHAN, NELUPURACKAL P.O.ANNAKARA, THRISSUR DIST. 11. THE SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIAT, TRIVANDRUM. BY ADV. SRI.P.K.ABOOBACKER(EDATHALA) FOR R7 & R9 SRI.K.N.PADMAKUMAR FOR R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(C) No. 18197 OF 2003) PETITIONER'S EXHIBITS: Ext.P1: Copy of the Minutes of the meeting at the chamber of 2nd respondent on 4.4.2002. Ext.P2: Copy of the resolution of Elavally Grama Panchayath dtd.5.4.2003. Ext.P3: Copy of the letter to the District Collector sent by the petitioner. Ext.P4: Copy of the letter to the Village Officer, Elavally dated 9.4.2003 sent by the petitioner. Ext.P5: Copy of the complaint dtd.9.4.2003 received by the petitioner from Annakarappadam Vadakke Kolpadavu Group Farming Committee. Ext.P6: Copy of the letter dtd.30.5.20003 to the petitioner sent by 6th respondent. -True Copy- P.A.to Judge. C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- W.P(C).No. 18197 of 2003 N --------------------------------------------- Dated this the 30th day of July, 2008 J U D G M E N T Ramachandran Nair,J: Petitioner is the President of Elavally Grama Panchayath. The writ petition was filed in 2003 complaining that the party respondents were permitted to mine clay from paddy fields in violation of the Land Utilisation Order. There is no interim order in the writ petition which is pending for the last five years in this Court. We do not think, there is any need to consider the validity of orders issued by the R.D.O. because damage, if any, would have already happened, if mining continued. The writ petition is accordingly closed leaving freedom to the petitioner to raise current issues before the R.D.O. or before the District Collector if there is violation of land utilisation order or any of the provisions in the matter of mining of clay. If the petitioner has grievance WP(C) NO. 18197 of 2003 :-2-: again with reference to the present petition, the petitioner can approach this Court. The writ petition is closed with the above observation. C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, Judge MBS/ WP(C) NO. 18197 of 2003 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- W.P(C).NO. 18197 OF 2003 ------------------------------------------------ J U D G M E N T DATED:30-7-2008 WP(C) NO. 18197 of 2003 :-4-: