IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 OP.No. 35903 of 2000(S) -------------------------------------- PETITIONER: ------------------- T.K.SABU, THEVALIL HOUSE, KUNNEL, THIRUVALOOR, ALANGAD, ERNAKULAM DIST. BY ADV. SRI.B.KRISHNA MANI SRI.V.PREMCHAND RESPONDENS: --------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHSILDAR, PARAVUR TALUK, NORTH PARAVUR, ERNAKULAM DISTRICT. 3. THE SECRETARY, ALANGAD GRAMA PANCHAYAT, ALANGAD, ERNAKULAM. 4. THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, CIVIL STATION, COCHIN-21. R1, R2 & R4 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R3 BY ADV. SRI.V.G.ARUN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.35903 OF 2000-S ORDER ON CMP. NO. 61203/09 IN OP. NO. 35903/2000 DISMISSED SD/- S.R. BANNURMATH, CHIEF JUSTICE 21.10.09 SD/- A.K. BASHEER, JUSTICE APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PHOTOGRAPH EXT.P2 TRUE COPY OF THE PHOTOGRAPH EXT.P3 TRUE COPY OF THE PHOTOGRAPH EXT.P4 TRUE COPY OF THE PHOTOGRAPH EXT.P5 TRUE COPY OF THE SKETCH REVEALING THE LIE OF CERTAIN PROPERTY EXT.P6 TRUE COPY OF THE ORDER DATED 26.2.2000 PASSED BY THE VILLAGE OFFICER EXT.P7 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 18.3.2000 EXT.P8 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR DATED 30.11.2000 / TRUE COPY / PA TO JUDGE S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.No. 35903 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October, 2009 JUDGMENT Basheer, J. Petitioner who is stated to be a member of Karma Samithi of Alangad Panchayat has filed this Original Petition with the following prayers: “A. issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to issue prohibitory orders under the Kerala Land Utilisation Order restraining the paddy field owners of Alangad Grama Panchayat from removing clay indiscriminately. B. issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 3 and 4 not to issue any permit to the paddy field owners for removing clay. C. Issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to dispose of Ext.P8 forthwith. D. issue an interim direction directing the 1st respondent to issue prohibitory orders under the Kerala Land Utilisation Order restraining the paddy field owners in Alangad Grama Panchayat from removing clay until the disposal of this Original Petition.” OP No.35903 of 2000 -:2:- 2. We have carefully perused the averments in the Original Petition and documents produced by the petitioner along with the Original Petition. Having regard to the entire facts and circumstances we are of the view that the petitioner has to necessarily approach respondent No.1 and highlight the grievances in the form of a representation. If such a representation is received by respondent No.1 within one month from today, appropriate decision in the matter shall be taken by him, after affording an opportunity to the petitioner to be heard. The Original Petition is disposed of in the above terms. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb OP No.35903 of 2000 -:3:-