IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 17948 of 2011(P) ---------------------------------------- PETITIONER(S): ------------------------- BENNY YOHANNAN, KALAYITHADATHIL VEEDU, MARITHAZHAM P.O., KANJIRAMATTAM, ERNAKULAM, PIN-682 315. BY ADV. SRI.P.P.JACOB SRI.MOHAMMED SALIH. M RESPONDENT(S): -------------------------- 1. THE EDAKKATTUVAYAL GRAMA PANCHAYATH, EDAKKATTUVAYAL, ARAKUNNAM P.O., ERNAKULAM, PIN-682 313, REPRESENTED BY ITS SECRETARY. 2. THE VILLAGE OFFICER, EDAKKATTUVAYAL VILLAGE OFFICE, EDAKKATTUVAYAL, ARAKUNNAM P.O., ERNAKULAM, PIN-682 313. 3. THE TAHSILDAR, KANAYANNOOR TALUK, ERNAKULAM, KOCHI-16. 4. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE R.D.O., FORT KOCHI-2. 5. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANADU, PIN-682 030. 6. THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, CIVIL STATION, KAKKANADU, PIN-682 030. 7. THE SENIOR GEOLOGIST, OFFICE OF THE GEOLOGY DEPARTMENT, CIVIL STATION, KAKKANADU, PIN-682 030. 2/- -2- WP(C)NO.17948/2011 8. THE CARMEL CONSTRUCTIONS, NEAR SNEHAPURAM ST.JOSEPH CHURCH, U.C.COLLEGE, ALWAYE, PIN-683 102, REPRESENTED BY ITS AUTHORIZED OFFICER. R1 BY ADV. SRI.C.P.UDAYABHANU R2 TO R5, R7 BY GOVERNMENT PLEADER R6 BY SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.17948/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RESOLUTION NO.5 DATED 15/12/2010 OF THE FIRST RESPONDENT ALONG WITH THE COVERING LETTER ISSUED BY THE SECOND RESPONDENT DATED 21/12/2010. P2 COPY OF THE LETTER ISSUED BY PETITIONER TO THE 4TH RESPONDENT DATED 3/1/2011. P3 COPY OF THE REPORT OF THE VILLAGE OFFICER SUBMITTED TO THE 4TH RESPONDENT DATED 7/1/2011 P4 COPY OF THE REPORT OF THE TAHSILDAR SUBMITTED TO THE 4TH RESPONDENT DATED 17/2/2011. P5 COPY OF THE REPORT OF THE 4TH RESPONDENT SUBMITTED TO THE 5TH RESPONDENT DATED 7/3/2011 P6 COPY OF THE LETTER ISSUED BY 5TH RESPONDENT TO THE PETITIONER DATED 28/4/2011. P7 COPY OF THE WORK ISSUED BY 8TH RESPONDENT DATED 4/12/2010 TO THE PETITIONER. P8 COPY OF THE REPRESENTATION FILED BEFORE THE FIRST RESPONDENT BY THE PETITIONER DATED 20/6/11. P9 COPY OF THE PERMISSION ISSUED BY 6TH RESPONDENT TO THE PETITIONER DATED 30/5/2011. P10 COPY OF THE PERMISSION ISSUED BY 7TH RESPONDENT TO THE PETITIONER DATED 13/6/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.17948 OF 2011 ------------------------------- DATED THIS THE 3RD DAY OF AUGUST, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P1, to direct the lst respondent to issue due and proper consent letters enabling the petitioner to remove the red earth from the property of 3.03 acres in Sy.No.144/4 of Edakkattuvayal Village and for other incidental reliefs. 2. By Ext.P1 resolution dated 15/12/2010 the Panchayat imposed prohibition of removal of red earth from any area of the Panchayat. When the matter was taken up for hearing, the learned counsel for the lst respondent submitted that Ext.P1 is appealable before the Tribunal for Local Self Government Institutions. It is pointed out that the remedy available to the petitioner is to approach the Tribunal by filing an appeal. The learned counsel for the petitioner submitted that the time fixed by the statute is expired and therefore appropriate directions may be issued to the Tribunal. -2- W.P.(C).No.17948/2011 3. Heard both sides. 4. In the circumstance, this Court direct the petitioner to prefer an appeal before the Tribunal within a period of two weeks from today. The Tribunal shall hear and dispose of the appeal in accordance with law, if such an appeal is filed by the petitioner within the time stipulated above. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.