IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 14410 of 2008(M) -------------------------- PETITIONER: ------------ A.VIJAYAN, AITHIKKONAM MELETHATTU PUTHEN VEEDU, PANAMKODU, MALAYAM PO, NEYYATTINKARA, TRIVANDRUM DIST. BY ADV. SRI.S.D.ASOKAN RESPONDENTS: ------------- 1. THE DIST.COLLECTOR, COLLECTORATE, TRIVANDRUM. 2. THE REVENUE DIVISIONAL OFFICER, TRIVANDRUM. 3. THE VILLAGE OFFICER, PALLICHAL, TRIVANDRUM. BY GP. SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14410 of 2008(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: BUILDING PERMIT DTD. 7.4.2008. EXT.P2: RELEVANT PORTION OF THE APOPROVED PLAN. EXT.P3: APPLICATION DTD. 29.3.2008 BEFORE R1. EXT.P4: REPORT BY R3 TO R2. EXT.P5: ORDER DTD. 10.4.2008 ISSUED BY R3. RESPONDENT' SEXHIBITS: NIL. ........ // TRUE COPY // P.A. TO JUDGE. S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 14410 OF 2008 = = = = = = = = = = = = = Dated this the 30th day of May, 2008. J U D G M E N T The petitioner is aggrieved by Ext.P5 order, whereby the petitioner has been directed to stop removal of earth from the petitioner's property. According to the petitioner, in so far as no river sand is involved, proceedings initiated by Ext.P5 is clearly unsustainable. 2. The learned Government Pleader would submit that since red earth also being a minor mineral, the respondents are entitled to proceed against the petitioner. 3. Whatever be the merits of the contentions of the parties, I am of opinion that Ext.P5 should result in a reasoned order passed after affording an opportunity of being heard to the petitioner by a competent officer. The Government pleader and the petitioner agree that the 2nd respondent is competent officer to pass final order in the matter. Accordingly I dispose of this writ petition with a direction to the 2nd respondent to pass final orders pursuant to Ext.P5 as W.P.(C).No. 14410 OF 2008 2 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. S.SIRI JAGAN, JUDGE bkn/-