IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 26054 of 2009(B) ---------------------------------------- PETITIONER(S): ----------------------- O.A.SUNNY, AGED 37 YEARS, S/O.ANTONY JOSEPH, OMPILLY HOUSE, LALAN DESOM, PALA, KOTTAYAM. BY ADVS. MR.V.M.KRISHNAKUMAR, SMT.P.A.ANITHA. RESPONDENT(S): -------------------------- 1. THE TAHSILDAR, TALUK OFFICE, IRINJALAKUDA. 2. THE GEOLOGIST, OFFICE OF MINING AND GEOLOGY, THRISSUR. R1 & R2 BY SR. GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.26054 of 2009-B ------------------------------ Dated this the 29th day of September, 2009. J U D G M E N T Heard Sri.V.M.Krishnakumar, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the owner of parcel of land of 34 cents in extent situated in survey No.971/1 of Kodakara Village. The petitioner states that the said land lies on higher level than the road and that with a view to level the land and bring it down to the level of the road adjoining it, he has applied to the first respondent for a permit under the provisions of the Kerala Minor Mineral Concession Rules 1967. The grievance voiced by the petitioner in this writ petition is that the Tahsildar has not so far passed orders on his application. 3. Whether the petitioner’s application for a quarrying permit can be granted as requested by him is primarily a matter for the Tahsildar to decide. The Tahsildar is yet to take a decision in the matter. A Division Bench of this Court has in Construction Materials Movers Association V. State of Kerala (2008(4) KLT 909) held that for removal of ordinary earth, permission under the Kerala Minor Mineral Concession Rules, is necessary. In such circumstances, it is for the Tahsildar to take W.P(C) No.26054 of 2009-B 2 a decision in the matter. I accordingly dispose of this writ petition with a direction to the first respondent to consider the petitioner’s application for grant of a quarrying permit and take a decision thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him. Since the petitioner has stated in Ext.P5 that quarrying is proposed to be done with a view to level the land, the Tahsildar shall ensure that the petitioner does not remove earth below the ground level, after such levelling, if a quarrying permit is issued to him. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No.26054 of 2009-B 3