IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 28941 of 2010(P) --------------------------------------- PETITIONER(S): ----------------------- MAHESH, AGED 32 YEARS, S/O.SURENDRAN, RESIDING AT PALLISSERY HOUSE, P.O. VALLACHIRA, THRISSUR DISTRICT. BY ADV. SRI.P.G.SURESH, SRI.C.V.MANUVILSAN, SMT.K.VIDYA. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DISTRICT COLLECTOR, THRISSUR, PIN-680 001. 3. THE REVENUE DIVISIONAL OFFICER, THRISSUR, PIN-680 001. 4. THE VALLACHIRA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, P.O.VALLACHIRA, THRISSUR, PIN-680 562. 5. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT-680 001. 6. THE SUB INSPECTOR OF POLICE, CHERPU POLICE STATION, THRISSUR DISTRICT, PIN-680 561. R1 TO R3, R5 & R6 BY GOVT. PLEADER MR.T.K. VIPINDAS. R4 BY ADV. SRI.M.B.PRAJITH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2011, ALONG WITH WPC NO. 29145 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 28941/2010-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TITLE DEED OF THE PETITIONER IN SY. NO.378/13 OF VALLACHIRA VILLAGE OF THRISSUR DISTRICT. EXT.P2: COPY OF THE BASIC TAX RECEIPT IN NEXUS WITH SY. NO.378/13 OF VALLACHIRA VILLAGE OF THRISSUR DISTRICT. EXT.P3: COPY OF THE LA CERTIFICATE ISSUED BY THE VILLAGE OFFICER. EXT.P4: COPY OF THE POSSESSION CERTIFICATE. EXT.P5: COPY OF THE BUILDING PERMIT. EXT.P6: COPY OF THE COMMUNICATION ISSUED BY THE VALLACHIRA GRAMA PANCHAYAT OFFICE STATING THAT PETITIONER HAS ALSO SUBMITTED APPLICATION FOR REMOVING SOIL FROM UPPER LEVEL, TO CONSTRUCT A HOME IN HIS PROPERTY. EXT.P7: COPY OF THE ORDER DATED 09/01/2008. EXT.P8: COPY OF THE RESOLUTION OF VALLACHIRA GRAMA PANCHAYAT DATED 19/06/2009. EXT.P9: COPY OF THE RESOLUTION OF VALLACHIRA GRAMA PANCHAYAT DATED 29/07/2009. EXT.P10: COPY OF THE RESOLUTION OF VALLACHIRA GRAMA PANCHAYAT DATED 28/11/2009. EXT.P11: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RDO. EXT.P12: COPY OF THE JUDGMENT IN WP(C) NO. 18703/2010. EXT.P13: COPY OF THE KERALA GAZETTE EXTRA NO.610 DATED 18/03/2009. EXT.P14: COPY OF THE APPLICATION AND AFFIDAVIT SUBMITTED BEFORE THE GOVERNMENT. EXT.P15: COPY OF THE ORDER DATED 05/04/2010, ISSUED BY THE INDUSTRIES DEPARTMENT OF GOVERNMENT OF KERALA. EXT.P16: COPY OF THE REPRESENTATION PREFERRED TO THE SUPERINTENDENT OF POLICE, THRISSUR. EXT.P17: COPY OF THE JUDGMENT DATED 03/06/2010 IN WP(C) NO. 16160/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).Nos.28941/2010 & 29145/2010-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of February, 2011. Judgment Thottathil B.Radhakrishnan, J. Heard the learned counsel for the petitioner and the learned Government Pleader. It is stated that following earlier orders, the Industries Department has considered the representations of the petitioner and has issued an order stating that ordinary earth is not covered by any of the notifications in relation to management of minor minerals and that the Minor Mineral Concessions Rules, 1967 does not apply. We record that submission and order that the police will ensure that law and order is maintained and any threat to life or activities of the petitioner is appropriately attended to and protection,if found WPC28941 & 29145/10 -: 2 :- necessary, shall be granted in terms of law. The writ petitions ordered accordingly. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/2302