IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 31674 of 2005(U) -------------------------- PETITIONERS: ------------ 1. MR.MUHAMMED, AGED 55 YEARS, S/O.ABDUL KHADER, RESIDING AT KALLAPARAMBATH VEEDU, CHERUVALLOOR.P.O, THRISSUR DISTRICT. 2. MISS. SILSILA, AGED 21 YEARS, D/O.MUHAMMED, RESIDING AT KALLAPARAMBATH VEEDU, CHERUVALLOOR.P.O, THRISSUR DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENTS: ------------ 1. THE VILLAGE OFFICER, KALLOOR THEKKUMURY, MUKUNDAPURAM TALUK. 2. THE SUPERINTENDENT OF POLICE, THRISSUR. 3. THE SUB INSPECTOR OF POLICE, KORATTY. BY SRI.M.R. SABU, GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31674/ 2005 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF DOCUMENT NO. 841/2004 DATED 17/03/2004. EXHIBIT P2 : TRUE COPY OF DOCUMENT NO. 840/2004 DATED 17/03/2004. EXHIBIT P3 : TRUE COPY OF SAID JUDGMENT IN W.P(C) NO.3003/2005 DATED 11/02/2005. /TRUE COPY/ P.A. TO JUDGE scm S.SIRI JAGAN, J ================== W.P (C) .No. 31674 of 2005 ================== Dated this the 9th day of July, 2008. J U D G M E N T Although this writ petition was admitted on 14.11.2005, the petitioner has not paid process. When the matter came up today in the defect list there was no representation. The synopsis of the writ petition reads thus: “The petitioners are the owner in possession of 9 acre 18 cents of property bearing Survey Nos. 133/1 and 132 of Kallur Thekkumury Village, Mukundapuram Taluk, Trissur District. Petitioner's properties are “Pakka Purayidam” and “Parambu” which is lying higher level than the adjacent lands. In order to make use of the Land for the construction of residential house petitioners removed red sand from their properties which was obstructed by the 2nd respondent along with 3rd respondent without any authority. For removing red soil from the “Pakka Purayidam” no sanction is required. As per the Exhibit-P3 judgment of this Honourable is WP(C) 3003/2005 it was held that no permission is required for removal of ordinary earth. The obstruction created by the 2nd respondent for removing the sand from the petitioner's property is illegal and without any authority.” From the very synopsis, it is clear that at this point of time, the petitioner cannot be granted the reliefs, as prayed for, in the writ petition. Accordingly, the writ petition is closed. S.SIRI JAGAN, JUDGE rhs