IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 35499 of 2009(F) -------------------------- PETITIONER: --------------- SHAJAN, AGED 36 YEARS, S/O. ACHUTHAN, VALIYAPURAKKAL HOUSE, CHERUVATHANI DESOM, ANJUR VILLAGE, THALAPPALLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THRISSUR. 3. THE REVNUE DIVISIONAL OFFICER, THRISSUR. 4. THE TAHSILDAR, THALAPPALLI TALUK, THRISSUR DISTRICT. 5. VILLAGE OFFICER, KUNNAMKULAM VILLAGE, THRISSUR DISTRICT. GOVERNMENT PLEADER SHRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35499 of 2009(F) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : Sale deed No.1593/I/2008 dtd.6/5/2008 EXHIBIT P2 : Application for permission to remove the sand EXHIBIT P3 : Work order issued by the Secretary, Kunnamkulam Municipality dtd. 27/5/2008 EXHIBIT P4 : Mahazar prepared by the 5th respondent EXHIBIT P4(a): Sketch EXHIBIT P5 : Affidavit of Velayudhan S/o.Chatahan EXHIBIT P5 (a): Affidavit of Kartha, D/o.Parandodan EXHIBIT P5(b): Affidavit of Achuthan, S/o.Chathukutty EXHIBIT P5(c): Affidavit of Kochukuttan, S/o.Chathukutty EXHIBIT P6 : Proforma report submitted by the 4th respondent to the 3rd respondent. EXHIBIT P7 : Letter dated 23/9/2009 issued by the 3rd respondent to the petitioner. EXHIBIT P8 : Application dtd.15/12/2009 along with the receipt submitted before the Secretary, Industries Department for issuance of sanction for removal of sand. RESPONDENTS' EXHIBITS: Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.35499 of 2009 ------------------------------------------------ Dated this the 8th day of March, 2010 JUDGMENT The writ petition is filed by the petitioner seeking for a direction to the third respondent to issue permit to the petitioner to remove the sand which is already sanctioned. 2. The petitioner herein along with Karosh Babu are having ownership, joint possession and enjoyment over 33.85 Ares of land in Re.Sy.No.69/2008 of Kunnamkulam Village. Ext.P1 is the copy of the sale deed in their favour. 3. For removing earth (sand) by maintaining the height of 4 meters above the road level for constructing a house an application was submitted as per Ext.P2. The Municipality has also issued a work order as per Ext.P3. The third respondent sent Ext.P2 application to the fourth respondent for enquiry who in turn forwarded the same for preparing mahazar and plan to the fifth respondent. Ext.P4 is the copy of the mahazar and Ext.P4(a) is the copy of the sketch also. Exts.P5 to P5(c) are the affidavits of neighbours showing No Objection for granting permission. The proforma report submitted is evident from Ext.P6. The petitioner had been waiting thereafter expecting an W.P.(C)No.35499 of 2009 2 order and finally he was given a reply as Ext.P7 stating that the copy of the order cannot be issued in the light of the fact that the proceeding has not been approved by the R.D.O. 4. Challenging the same this writ petition is filed seeking for appropriate orders. Going by Ext.P7 it can be seen that no final orders have been passed. Ext.P2 has to be disposed of in the light of R.D.O.'s report and sketch produced by the concerned revenue officers. Therefore it cannot be said that there is an issuance of permit at that point of time. In that view of the matter there will be a direction to the third respondent to consider and pass orders on Ext.P2 within a period of three weeks from the date of receipt of a copy of this judgment in the light of the report submitted by the Revenue Officers as well as the consent letters given by the neighbours of the petitioner. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj