IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 36611 of 2010(B) -------------------------------------- PETITIONER(S): ---------------------- 1. K.V.SREEKALA, D/O.VALSALA, AGED 31 YEARS, T.C 64/1717/1, GOKULAM,PUNCHAKARI, THIRUVALLAM, THIRUVANANTHAPURAM. 2. ASWATH. V.G., T.C.65/275, ANITHA BHAVAN, PUNCHAKARI, THIRUVALLAM, THIRUVANANTHAPURAM. BY ADVS. SRI.D.SAJEEV SMT.LIGEY ANTONY RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP.BY SECRETARY, LOCAL SEL GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, PIN 695005. 3. THE DEPUTY COLLECTOR (LR), OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM- PIN-695005. 4. THE VILLAGE OFFICER, TIRUVALLAM VILLAGE, THIRUVALLAM, THIRUVANANTHAPURAM, PIN 695027. R1 TO R4 BY GOVERNMENT PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 36611 OF 2010 ===================== Dated this the 8th day of December, 2010 J U D G M E N T According to the petitioners, in order to make a plot of land a house site, they have to remove red earth. It is stated that seeking permission for the same, they made an application and that the said application is pending before the 2nd respondent. It is complaining that orders have not been passed thereon, the writ petition has been filed. 2. However, what is seen from Ext.P13 Government Order dated 5/4/2010 is that if the purpose of removal of red earth is to convert a plot of land into a house site, no such permission is necessary. In that view of the matter, so long as the purpose that is sought to be achieved by the petitioners is as above, I think the petitioners are free to go ahead with the work. 3. In that view of the matter, I dispose of this writ petition directing that the petitioners will be free to excavate soil from th property comprised in RS No.103/6 of Thiruvallam Village covered by Ext.P1 title deed and in relation to which Ext.P2 plan has been WPC No. 36611/10 :2 : approved and Ext.P3 permit has been issued. Clarifying the position as above, the writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp