IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 20403 of 2010(A) ---------------------------------------- PETITIONER(S): ----------------------- ARUNODAYAM S.N.D.P. NO.973, NEENDOOR, ONAMTHURUTHU VILLAGE, KOTTAYAM TALUK, REPRESENTED BY ITS MANAGING COMMITTEE PRESIDENT, K.VIDHYADHARAN, AGED 62, S/O. DAMODARA PANICKER, PEATHURUTHIL SOUPARNIKAYIL, ONAMTHURUTHU VILLAGE. BY ADV. SRI.M.R.SARIN PANICKER. RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. REVENUE DIVISIONAL OFFICER, KOTTAYAM. 3. THE TAHSILDAR, TALUK OFFICE, KOTTAYAM. 4. VILLAGE OFFICER, ONAMTHURUTHU VILLAGE, KOTTAYAM. R1 TO R4 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 20403 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of July, 2010 J U D G M E N T The petitioner is a branch of the S.N.D.P. Yogam. They own certain properties. For the purpose of making some constructions therein, they wanted to level the property. According to them, the same is without removing any earth from that property. When they started doing the same, Ext.P7 stop memo was issued to them, directing them to stop the activities. According to the petitioner, in so far as they do not intend to remove any earth from the property to anywhere else there cannot be any prohibition in their levelling the land. 2. Although the learned Government Pleader points out that, in respect of levelling of ground also permit is necessary for extraction of minor mineral on payment of royalty, I am of opinion that these are all questions of facts which have to be considered by the authority competent to W.P.(C)No. 20403 of 2010 -2- do the same. Accordingly I direct the competent among the respondents to pass final orders pursuant to Ext.P7 stop memo as expeditiously as possible, at any rate within a period of three weeks from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/