IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 439 of 2010(D) -------------------------------------- PETITIONER(S): -------------------------- THOMAS SCARIA, S/O. SCARIA, AGED 60 YEARS, THAIKADUPPIL HOUSE, THOTTAKKADU P.O., KOTTAYAM. BY ADV. MR.K.GOPALAKRISHNA KURUP RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLOECTOR, COLLECTORATE P.O., KOTTAYAM. 2. THE REVENUEDIVISIONAL OFFICER, KOTTAYAM, COLLECTORATE P.O., KOTTAYAM. 3. THE ADDITIONAL TAHSILDAR, CHANGANACHERRY. 4. THE VILLAGE OFFICER,THOTTAKKAD. R1 TO R4 BY SR. GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R.RAMACHANDRAN NAIR, J ============================== W.P(C) No.439 of 2010 ================================= Dated this the 11th day of January, 2010 ================================= J U D G M E N T The petitioner herein is the owner of 1.45.80 hectares of land in Survey No.434/3 in Block No.14 of Thottakkad Village. The property lies at a higher level from the road leading to the property from Kottayam-Karukachal Road. The petitioner intends to construct a new building. The building is proposed to be constructed in 9 ares of land within the property under his ownership. 2. The petitioner filed Ext. P2 application, seeking permission for removal of ordinary earth from the above said property, before the Additional Tahsildar, Changanacherry the 3rd respondent. The Tahsildar sought for a report from Village Officer and on the basis of the report submitted, the petitioner was granted permission. Ext.P3 is the copy of permission thus issued and passes for -2- W.P(C) No.439 of 2010 transporting the earth were also issued to him. The time limit for removal of the earth was only 5 days ending on 1/12/2009. Because of the inconvenience due to rain and various other factors, the petitioner could not complete the work with the said period. 3. In the meanwhile, the Village Officer issued a Stop Memo as per Ext.P5 dated 11/12/2009. On receiving the same, petitioner filed Ext.P6 application seeking for extension of the period originally fixed and no reply has been received. This writ petition is filed seeking for appropriate direction to the respondents to allow the petitioner to do the balance work. The learned Government Pleader submits that in the light of the amendment of Rule 57 of the Minor Mineral Concession Rules 1969 the petitioner will have to move the Government for such permit. If the petitioner makes an application within a period of 15 days from today, the same will be considered by the Government and appropriate action will be taken in -3- W.P(C) No.439 of 2010 accordance with law within four weeks from its receipt. The petitioner will produce a copy of the writ petition along with a copy of this Judgment for compliance. No costs. T.R.RAMACHANDRAN NAIR JUDGE nl