IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 11408 of 2011(A) ---------------------------------- PETITIONER(S): ------------------- ISSAC, S/O.IDAPPARA UTHUP, EDAPPARA HOUSE, ALAPRA DESOM, PANANCHERY VILLAGE, KANNARA P.O., TIRCHUR DISTRICT. BY ADV. SRI.SARVOTHAMAN RESPONDENT(S): --------------------- 1. TAHSILDAR, TALUK OFFICE, THRISSUR, THRISSUR DISTRICT - 680 001. 2. VILLAGE OFFICER, PANANCHERY VILLAGE, VILLAGE OFFICE, THRISSUR DISTRICT - 680 653. 3. SUB INSPECTOR OF POLICE, PEECHI, THRISSUR DISTRICT - 680 653. 4. THE REVENUE DIVISIONAL OFFICER, THRISSUR - 680 001 5. THE DISTRICT COLLECTOR, THRISSUR - 680 001 BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.R.RAMACHANDRA MENON, J. ------------------------------------------------ W.P.(C). NO.11408 OF 2011 -------------------------------------------------- Dated this the 8th day of April, 2011. JUDGMENT The prayers in this writ petition are as follows:- i) issue a writ of mandamus or any other appropriate writ order or direction directing the concerned respondent officials to permit the petitioner to remove the top soil/ordinary earth from the property of the petitioner in Re.Sy.No.229/4 of Panancherry Village of Trichur District and to permit the transportation of the removed soil in Lorry Vehicles from Kannara to Floor King Tiles works at Nenmanikkara (Amballur Village) run by it's Managing Partner Sri.Edward S/o.Kundukulam Anthony, Karuvappady Village of Amballur Village in Thrissur District and to direct the respondents not to make any harassment in connection with removal of the soil and transportation of the soil from the abovesaid land in the light of Ext.P3 Govt. Order in force; ii) issue another writ of mandamus or any other writ order or direction commanding the concerned respondent officials to issue the necessary permit/pass to the petitioner if required for removal of ordinary soil and transportation of the same by responding positively on Ext.P4 request application of the petitioner; iii) issue appropriate writ order or direction declaring that the petitioner is not entitled to obtain any permit or pass from any of the respondent officials in connection with the removal of the ordinary soil from his own land and transportation of the same in the light of Ext.P3 Govt. Order and to direct the respondent officials to permit the petitioner for doing so; iv) issue a writ of prohibition or any other appropriate writ orders restraining the respondent officials from interfering with the removal of ordinary soil from the abovesaid property of the petitioner and in transporting the same to deposit at Nenmanikkara of Amballur Village to be deposited at the premises of Floor King Tiles Works run by it's Managing Partner Sri.Edward;” 2. The learned counsel for the petitioner submits that W.P.(C). NO.11408 OF 2011 2 the petitioner will be satisfied if a direction is given to the first respondent to consider and pass appropriate orders on Ext.P4 within a reasonable time. 3. Heard the learned Government Pleader appearing for the respondents as well. 4. In the above circumstances, the first respondent is directed to consider Ext.P4 and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within six weeks from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with the copy of this writ petition before the first respondent for further steps. P.R.RAMACHANDRA MENON, JUDGE. mns