IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 26454 of 2009(B) -------------------------- PETITIONER: --------------- SAINABA, W/O.SULAIMAN, PARAKKAL, PALLITHODE POST PALLITHODE AMSOM AND DESOM, PUTHUPARIYARAM I VILLAGE, PALAKKAD TALUK. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE GEOLOGIST, PALAKKAD. 3. THE TAHSILDAR, ALATHUR TALUK, PALAKKAD DISTRICT. 4. THE VILLAGE OFFICER, PUTHUPARIYARAM NO.1 VILLAGE. 5. SUB INSPECTOR OF POLICE, HEMAMBIKA POLICE STATION. BY GOVT. PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009, ALONG WITH WPC NO. 26487 OF 2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) Nos. 26454 & 26487 OF 2009 -------------------------- Dated this the 9th day of October, 2009 J U D G M E N T The petitioners in these writ petitions applied to the Tahsildar concerned for permission to remove earth from the lands in their possession for the purpose of levelling the land. These writ petitions are filed aggrieved by the delay on the part of the Tahsildar in issuing the necessary permit. The petitioners also contend that no such permission is required under the Kerala Minor Mineral Concession Rules. 2. As regards the second point, a Division Bench of this Court has in Construction Material Movers Association v. State of Kerala (ILR 2009 (2) 360) held that a permit is required to remove ordinary earth also. Therefore the said contention is not tenable. As regards applications for such permit, the Government have amended Rule 57(1) (a) of the Kerala Minor Mineral Concession Rules by notification published in the Kerala Gazette Extra ordinary dated 18.3.2009 by stipulating that for levelling of land for construction of residential building, creation of play ground for public W.P.(C) Nos. 26454 & 26487/09 2 purpose, construction of canals, wells, roads or for agricultural and such other purposes where extraction of minor mineral is inevitable, the State Government may grant special permit on such terms and conditions that the Government may be satisfied. In the light of the said stipulation, the petitioners will have to move the State Government. Therefore, the Tahsildar cannot be directed to issue permits entertaining the petitioners' applications. These writ petitions are accordingly closed reserving liberty with the petitioners to move the Government under Rule 57(1)(a) of the Kerala Minor Mineral Concession Rules. P.N.RAVINDRAN, JUDGE vps