IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 23820 of 2010(B) ---------------------------------------- PETITIONER(S): ----------------------- MARY JOSE @ MARIYAMMA, AGED 50 YEARS, W/O.JOSE, RESIDING AT AYYKKARAKKUDY HOUSE, P.O.KANNARA, THRISSUR DISTRICT 680 652. BY ADVS. SRI.C.V.MANUVILSAN, SRI.P.G.SURESH, SMT.VIDYA MANU VILSAN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE SUPERINTENDENT OF POLICE,THRISSUR DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER,THRISSUR. 5. THE VILLAGE OFFICER, PEECHI, PATTIKKADU PO, THRISSUR 680 652. 6. SUB INSPECTOR OF POLICE, PEECHI POLICE STATION, THRISSUR. 7. THE CIRCLE INSPECTOR OF POLICE, OLLUR POLICE STATION, THRISSUR DISTRICT. 8. PANANCHERY GRAMA PANCHAYAT, PATTIKKADU PO, PATTIKKAD, THRISSUR 680 652. 9. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, THRISSUR OFFICE, THRISSUR. R1 TO R7 & R9 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R8 BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.S.A.ANAND, SRI.PETER JOSE CHRISTO. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23820/2010 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TITLE DEED OF THE PETITIONER IN SY.NO.2045/05 OF PEECHI VILLAGE OF THRISSUR DISTRICT. P2: COPY OF THE COMMUNICATION NO.D-93/10-11 DTD. 29/05/2010. P3: COPY OF THE ORDER DTD. 05/04/010 ISSUED BY THE INDUSTRIES DEPARTMENT OF GOVERNMENT OF KERALA. P4: COPY OF THE REPRESENTATION PREFERRED TO THE SUPERINTENDENT OF POLICE, THRISSUR. P5: COPY OF THE JUDGMENT DTD. 03/06/2010 IN WPC.NO.16160/2010 OF THIS HON'BLE COURT. P6: COPY OF THE KERALA GAZETTE EXTRA NO.610 DTD. 18/03/2009. P7: COPY OF THE APPLICATION AND AFFIDAVIT SUBMITTED BEFORE THE GOVERNMENT. P8: PHOTOGRAPHS OF OTHER HOUSES IN PETITIONER'S AREA, WHICH ARE CONSTRUCTED BY REMOVING SOIL, IN ORDER TO MAKE IT LEVEL WITH ROAD. P9: COPY OF THE REPORT NO.92/10 DTD. 16/04/2010 SUBMITTED BY THE 5TH RESPONDENT VILLAGE OFFICER TO THE DISTRICT COLLECTOR. P10: COPY OF THE REPORT NO.258/B/2010 DTD. 08/07/2010 SUBMITTED BY THE 5TH RESPONDENT VILLAGE OFFICER TO THE RDO. P11: COPY OF THE ORDER NO.C2-14531/10 DTD. 15/10/2010. P12: COPY OF THE ORDER NO.D1 5576/10/K.DIS. DTD. 22/04/2010. P13: COPY OF THE COMMUNICATION DTD. 03/12/2010 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY. P14: COPY OF THE ORDER DTD. 01/02/2011 IN WP(C) NO.28941/2010. P15: COPY OF THE ORDER DTD. 14/02/2011. P16: COPY OF THE ORDER DTD. 22/02/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.23820 of 2010-B ***************************** Dated this the 22nd day of March, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court complaining about harassment by the police. The petitioner wants to put up a building. For that purpose, ordinary earth has to be removed from her property to bring it to the same level as the road nearby. The petitioner had applied to the Panchayat. The Panchayat directed her to approach the Revenue Divisional Officer. In the light of Ext.P3 Government Order, no permission is required now as the ordinary earth does not come within the sweep of Minor Mineral Concession Rules. In spite of this order, the petitioner is not being permitted to remove ordinary earth. Unnecessary obstruction is being raised. It is, in these circumstances, that the petitioner has come to this Court. 2. All respondents have been served. The learned Government Pleader appears for respondents 1 to 7 and 9. For the 8th respondent panchayat, a counsel appears. 3. The learned counsel for the 8th respondent panchayat submits that the panchayat had issued Ext.P2 order and W.P(C) No.23820 of 2010-B 2 permission if required of the Revenue Divisional Officer has to be obtained. The panchayat has no other objection. 4. The learned Government Pleader representing the other respondents submits that in the light of Ext.P3 Government Order, the petitioner is not required to take any permission to remove ordinary earth from her property for the purpose of bringing down the level to facilitate construction of the building. In these circumstances, respondents 1 to 7 and 9 shall raise no objection, submits the learned Government Pleader. 5. We record the submission of the learned Government Pleader on behalf of respondents 1 to 7 and 9. We are, in these circumstances, satisfied that no further directions are necessary in this Writ Petition. 6. This Writ Petition is accordingly allowed in part to the above extent. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(C) No.23820 of 2010-B 3