IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 35364 of 2007(I) --------------------------------------- PETITIONERS: ---------------------- 1. K.F.VINCENT, S/O.K.C.FRANCIS, KUTHOOR HOUSE, MATTOM.P.O., THRISSUR. 2. RAJAN, S/O.CHANDRASEKHARAN, PANDIAVATTAVALAPPIL HOUSE, PANNISSERY, KOONAMMUCHI P.O. THRISSUR. BY ADV. SRI.DEEPU THANKAN RESPONDENTS: ------------------------- 1. SUB INSPECTOR OF POLICE, GURUVAYUR. 2. TAHSILDAR, THALAPPILLY TALUK, KUNNAMKULAM. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35364/2007 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TITLE DEED OF THE PROPERTY OWNED BY THE SECOND PETITIONER DTD. 17/06/2005. EXT.P2: COPY OF THE NOTIFICATION DTD. 23/12/1977 ISSUED BY THE GOVT. OF KERALA. EXT.P3: COPY OF THE ORDER ISSUED BY THE RDO THRISSUR DTD. 2/11/07. EXT.P4: COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P.5722/2006 DTD. 09/03/2006. EXT.P5: COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P.32289/2006 DTD. 16/10/2006. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.35364/2007 ----------------------------------------------------------------- Dated this the 24th day of March, 2008 JUDGMENT In this writ petition, the prayer sought for is to direct respondents not to interfere with the removal and transportation of ordinary earth by the first petitioner. 2. The second petitioner is the owner of 2.75 acres of land in Aloor Village in Thrissur District. It is submitted that the Ist petitioner who has entered into a contract with 2nd petitioner wants to remove red earth from the property of the 2nd petitioner. According to him he is entitled to do so as red earth is not a minor mineral. Reliance is placed on Exts.P4 and P5. 3. When the matter was taken up, the learned Government Pleader place reliance on the notification issued by the Government of India on 3rd February, 2000 declaring ordinary earth as a minor mineral. In view of this 2 the petitioners filed I.A.No.4110/2008 got the Geologist, Thrissur impleaded as the additional 3rd respondent. 4. The Government Pleader on instruction, today submits that, if the petitioners makes an application to the additional 3rd respondent, orders will be passed on the application so made by them. As at present, the second petitioner has not obtained any pass and therefore he has to obtain necessary pass. Therefore, at this stage, this court will not be justified in granting the prayers sought for by the petitioners, directing that there shall be no interference with the transportation of ordinary earth. Since the petitioners have to obtain necessary pass from the 3rd respondent, this writ petition is disposed of directing that, it will be open to the petitioners to approach the additional 3rd respondent and make necessary application for issuance of pass and in which case the additional 3rd respondent shall consider the same and pass appropriate orders in accordance with law, within 4 weeks from the date of receipt of the application, if any filed. ANTONY DOMINIC vi JUDGE 3