IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 36423 of 2007(J) ------------------------------------- PETITIONER: ------------------- SIJU, AGED 37 YEARS, S/O.ANTO, VITHAYATHIL HOUSE, KADUKUTTY, THRISSUR, REPRESENTED BY POWER ATTORNEY HOLDER, LINJU, AGED 39 YEARS, S/O.ANTO, VITHAYATHIL HOUSE, KADUKUTTY, THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: ------------------------ 1. TAHSILDAR, TALUK OFFICE, IRINJALAKUDA. 2. VILLAGE OFFICER, VILLAGE OFFICE, ALOOR. 3. GEOLOGIST, O/O. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, THRISSUR. BY GOVERNMENT PLEADER MR.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36423 OF 2007-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE TITLE DEED OF THE PETITIONER DATED 10.05.06. EXT.P1(A) TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY VILLAGE OFFICER DATED 04.12.07 EXT.P2 TRUE COPY OF THE CONSENT LETTER ISSUED BY NEIGHBOURING OWNER DATED 1.12.07 EXT.P2(A) TRUE COPY OF THE CONSENT LETTER ISSUED BY NEIGHBOURING OWNER DATED 17.11.07 EXT.P3 TRUE COPY OF THE NOTIFICATION DATED 23.12.1977 OF THE GOVERNMENT OF KERALA EXT.P4 TRUE COPY OF THE LETTER ISSUED BY THE GEOLOGIST, THRISSUR DATED 22.12.06 TO ONE ANTONY. EXT.P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.32289 OF 2006 DATED 16.10.07 / TRUE COPY / ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.( C) No. 36423 OF 2007 J = = = = = = = = = = = = = = Dated this the 14th day of January 2008 J U D G M E N T The prayer sought for in this writ petition is to permit the petitioner to remove the ordinary earth from the property covered by Ext. P1. It is stated that the removal of the soil is obstructed by respondents 1 and 2 on the ground that the petitioner should obtain permit for removal of ordinary sand. Petitioner rightly is referring to Ext. P3 notification issued by the Government of Kerala deleting the term 'ordinary earth' from schedule I to KMMC Rules. If that be so, there is no necessity for obtaining permission as insisted by respondents 1 and 2. In view of this and particularly in view of the fact that the neighbours have granted consent as per Exts. P2 and P2(a) there may not be any impediment in the removal of the sand. Therefore, I direct that respondents 1 and 2 shall not interfere with the removal of ordinary earth from the property WPC No. 36423/07 - 2 - covered by Ext. P1 sale deed for the limited purpose of converting the same into a house plot. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-