IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 WP(C).No. 7963 of 2011(U) ------------------------- PETITIONER(S): --------------- 1. N.RAGHAVAN PILLAI,AGED 68 YEARS, S/O.NARAYANAN NAIR,MAVANNUR HOUSE,ANAYADI(PO), KUNNATHUR TALUK,KOLLAM DISTRICT. 2. SMT.SARALA DEVI,W/O.N.RAGHAVAN PILLAI, MAVANNUR HOUSE,ANAYADI(PO),KUNNATHUR TALUK, KOLLAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY,INDUSTRIES DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE TAHSILDAR,KUNNATUR TALUK OFFICE, KUNNATHUR(PO),KOLLAM DISTRICT. 3. THE GEOLOGIST,MINING & GEOLOGY DISTRICT OFFICE,ASRAMAM(PO),KOLLAM DISTRICT. GOVERNMENT PLEADER SRI. P. NARAYANAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7963 of 2011(U) 2 EXHIBITS PETITIONER'S EXHIBITS: EXT.P1 : A TRUE COPY OF THE TAX RECEIPT EVIDENCING PAYMENT OF LAND TAX DATED 13-05-2010. EXT.P2 : A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECRETARY, SOORANAD NORTH GRAMA PANCHAYAT TO THE PETITIONERS DATED 13-01-2011. EXT.P3 : A TRUE COPY OF THE SKETCH AND PLAN OF THE RESIDENTIAL BUILDING WITHOUT DATE APPROVED BY THE SECRETARY, SOORANAD NORTH GRAMA PANCHAYAT. EXT.P4 : A TRUE COPY OF THE ORDER DATED 04-02-2011 ISSUED BY THE SECOND RESPONDENT TO THE FIRST PETITIONER. EXT.P5 : A TRUE COPY OF GO(MS) NO.85/2010/ID DATED 05-04-2010. RESPONDENT'S EXHIBITS: NIL Sd/- P.R.RAMACHANDRA MENON, JUDGEMENT //True Copy// P.A TO JUDGE P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.7963 OF 2011 -------------------------------- Dated this the 1st day of April 2011 JUDGMENT The petitioners have approached this Court with the following prayers: i) Call for the records relating to Ext.P4, issue a writ of certiorari and quash the same. ii) Issue a writ of mandamus directing the second respondent to consider and pass orders on the application submitted by the petitioner for removal of ordinary earth in order to make 10 cents of petitioners' property covered vide Ext.P1 to the road level for construction of a residential building on the strength of Ext.P3 building permit untrammeled by the opinions expressed by the third respondent. iii) Issue a writ of mandamus directing the second respondent to permit the petitioner to remove ordinary earth from 10 cents of his land covered vide Ext.P1 to make it road level for constructing the house therein. iv) Issue such other reliefs which this Hon'ble Court may deem fit and appropriate in the facts and circumstances of this case. 2. The specific contention of the petitioners as projected by the learned counsel for the petitioners is that the removal of the ordinary earth from the property in question is necessitated only to enable the petitioners to effect the construction of a residential building therein, on W.P.(C) No.7963/2011 - 2 - the strength of Ext.P2 building permit and Ext.P3 approved plan. The prayer is however opposed from the part of the respondents by filing a counter affidavit on behalf of the 3rd respondent pointing out that the digging of the land in question involves extraction of major minerals including 'Bauxite' and the bonafides of the petitioners is also doubted; however, pointing out that if the petitioners are having any genuine grievance, it is open for the petitioners to approach the 1st respondent who is the competent authority to grant permission to remove the earth containing the minerals such as 'Bauxite'. 3. The learned counsel for the petitioners submits that the contention raised by the respondents that the earth contains 'Bauxite' is not correct and the same is sought to be rebutted, however adding that, the petitioners are ready to approach the 1st respondent, to solve the situation. 4. In the above circumstances, the petitioners are at liberty to bring the cause of action to be considered and decided by the 1st respondent by filing necessary proceedings, on which event the same shall be finalised by the 1st respondent passing appropriate orders in accordance with law, within 'one month' from the date of filing such proceedings. W.P.(C) No.7963/2011 - 3 - The petitioners shall produce a copy of this judgment along with a copy of the Writ Petition before the 1st respondent for taking further steps. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE