IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 25975 of 2011(V) --------- -------------------------- PETITIONER(S): ----------------------- BENNY YOHANNAN, KALAYITHADATHIL VEEDU, MARITHAZHAM P.O, KANJIRAMATTAM, ERNAKULAM, PIN 682 315. BY ADV. SRI. P.P. JACOB RESPONDENT(S): ------------------------ 1. THE EDAKKATTUVAYAL GRAMA PANCHAYATH EDAKKATTUVAYAL, ARAKUNNAM P.O, ERNAKULAM PIN 682 313 REPRESENTED BY ITS SECRETARY 2. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE R.D.O, FORT KOCHI-2. 3. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANADU, PIN 682 030. 4. THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, CIVIL STATION, KAKKANAD, PIN 682 030. 5. THE SENIOR GE0LOGIST, OFFICE OF THE GEOLOGY DEPARTMENT, CIVIL STATION, KAKKANADU, PIN 682 030. 6. THE TRIBUNAL FOR THE LOCAL SELF GOVERNMENT INSTITUTIONS, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM PIN 695 011. R1 BY ADV. SRI. C.P. UDAYABHANU R2 ,R3 ,R5 & R6 BY GOVT. PLEADER SRI. V.K. RAFEEK R4 BY SRI. M.K. CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS W.P.C.NO. 25975/2011 APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1 : COPY OF THE RESOLUTION NO.5 DATED 15.12.2010 OF THE FIRST RESPONDENT ALONG WITH THE COVERING LETTER ISSUED BY VILLAGE OFFICER DATED 21.12.2010. EXHIBIT P2 : COPY OF THE LETTER ISSUED BY PETITIONER TO THE 2ND RESPONDENT DATED 3.1.2011. EXHIBIT P3 : COPY OF THE REPORT OF THE VILLAGE OFFICER SUBMITTED TO THE 2ND RESPONDENT DATED 7.1.2011. EXHIBIT P4 : COPY OF THE REPORT OF THE TAHSILDAR SUBMITTED TO THE 2ND RESPONDENT DATED 17.2.2011. EXHIBIT P5 : COPY OF THE REPORT OF THE 2ND RESPONDENT SUBMITTED TO THE 3RD RESPONDENT DATED 7.3.2011. EXHIBIT P6 : COPY OF THE WORK ORDER ISSUED BY THE AUTHORIZED SIGNATORY DATED 4.12.2010 TO THE PETITIONER. EXHIBIT P7 : COPY OF THE REPRESENTATION FILED BEFORE THE FIRST RESPONDENT BY THE PETITIONER DATED 20.06.2011. EXHIBIT P8 : COPY OF THE PERMISSION ISSUED BY 2ND RESPONDENT TO THE PETITIONER DATED 30.05.2011. EXHIBIT P9 : COPY OF THE PERMISSION ISSUED BY 3RD RESPONDENT TO THE PETITIONER DATED 13.6.2011. EXHIBIT P10: COPY OF THE JUDGMENT IN W.P.(C) NO.17948/2011 DATED 3.8.2011. EXHIBIT P11: COPY OF THE APPEAL 587/2011 FILED BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION DATED 10.08.2011. EXHIBIT P12 : COPY OF THE ORDER IN APPEAL NO. 211/2009 DATED 25.4.2009 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION. EXHIBIT P13: COPY OF THE WRITTEN STATEMENT FILED BY THE FIRST RESPONDENT IN APPEAL 587/2011 DATED 31.8.2011. EXHIBIT P14: COPY OF THE ORDER IN APPEAL NO. 587/2011 DATED 19.9.2011 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION. EXHIBIT P15: COPY OF THE ORDER ISSUED BY THE GOVERNMENT G.O (MS)85/2010/IND. DATED 5.4.2010. EXHIBIT P16: COPY OF THE REPORT FILED BY SENIOR GEOLOGIST IN W.P.(C) 38750/2010 DATED 18.8.2011. RESPONDENTS' EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE NS HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 25975 of 2011 --------------------------------------- Dated this the 20th day of December 2011. JUDGMENT The writ petition is filed to quash Exts.P1 &P14, to issue a direction commanding the first respondent to issue due and proper consent letters enabling the petitioner to remove red earth from the property of 3.03 acres in Sy.No.144/4 of Edakkattuvayal Village and for a direction commanding the respondents 2 and 3 to consider the grievance of the petitioner as revealed in Exts.P3 to P5 with due consideration of Exts.P8 & P9 orders issued by 4th and 5th respondents and grant permission to the petitioner to remove red earth from the property having 3.03 acres situated in Sy. no.144/04 of the Edakkattuvayal Village. 2. When the matter was taken up for consideration today, the learned counsel for the petitioner submits that Ext.P3 to Ext.P5 are pending consideration before the 3rd respondent District Collector and requests this W.P.(C) No.25975/2011 2 Court to direct the 3rd respondent to consider and pass appropriate orders on Exts.P3 to P5 within a time frame. In the circumstances, the writ petition is disposed of directing the 3rd respondent to consider and pass appropriate orders on Exts.P3 to P5 within a period of two months from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner, first respondent Panchayat and other affected parties if any. HARUN-UL-RASHID JUDGE al