IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 WP(C).No. 13246 of 2008(B) -------------------------- PETITIONER: ------------ K.K.FRANCIS, AGED 65 YEARS, S/O. THAVUNNY, (RETIRED HEAD MASTER), KANNANAIKKAL HOUSE, P.O., MUNDATHICODE (VILLAGE, DESOM), THALLAPPILLY TALUK,THRISSUR DISTRICT 680595. BY ADV. SRI.SHOBY K.FRANCIS SRI.AGI SHOBY SRI.RAHUL SHENOY RESPONDENTS: ------------- 1. REVENUE DIVISIONAL OFFICER, RDO, THRISSUR-03 2. TAHSILDAR, THALLAPPILLY TALUK, WADAKANCHERY P.O., THRISSUR DISTRICT 3. VILLAGE OFFICER, MUNDATHICODE VILLAGE, MUNDATHICODE - (WEST) P.O., THRISSUR-DISTRICT. 4. SUB-INSPECTOR OF POLICE, WADAKANCHERY POLICE STATION, WADAKANCHERY, THRISSUR. 5. GEOLOGIST, DISTRICT OFFICE, MINING & GEOLOGY DEPT., THRISSUR. 6. RAJAGOPALAN, S/O. KESAVAN, (PARTNER, DIAMOND EARTH MOVING), KUNNATH HOUSE, KILLANNOOR VILLAGE, MULAMKUNNATHUKAVU, (M.G. KAVU) P.O., THRISSUR DISTRICT. WP(C).No. 13246/2008/B -2- 7. VINCENT, S/O. KOCHAPPU,VELUKKARAN HOUSE (PARTNER, DIAMOND EARTH MOVING), KILLANNOOR VILLAGE, MULAMKUNNATHUKAVU (M.G.KAVU) P.O., THRISSUR DISTRICT. BY GOVERNMENT PLEADER, SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No.13246 of 2008(B) ======================= Dated this the 25th day of April, 2008 JUDGMENT The petitioner is aggrieved by the alleged large scale removal of earth from the property adjacent to the petitioner's property allegedly in violation of the provisions of the Kerala Land Utilization Order and Kerala Minor Mineral Concession Rules, by respondents 6 and 7, which according to the petitioner would cause serious ecological imbalance including damage to the petitioner's property. Aggrieved by the same, the petitioner has filed Ext.P3 before the 1st respondent. Petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P3 expeditiously. 2. I have heard the learned Government Pleader also. I am of the opinion that when petitioner has filed Ext.P3, the 1st respondent has a duty to consider and pass orders on the same expeditiously. In the above circumstances, I dispose of this writ petition with a direction to the 1st respondent to consider and W.P.(C) No.13246/2008(B) -2- pass orders on Ext.P3 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as respondents 6 and 7. It would be open to the 1st respondent to obtain report from the 5th respondent in the matter, if the 1st respondent thinks that it is necessary to have such a report. Petitioner shall produce a copy of the writ petition along with a certified copy of the judgment before the 1st respondent for compliance. Sd/- S.SIRI JAGAN, JUDGE jp /True copy/ P.A. to Judge