IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 4868 of 2011(G) ------------------------- PETITIONER: --------------- MRS.MARY SUNNY, AGED 53 YEARS, W/O.LATE SUNNY P.A, ALAPPAT THOTTIAN HOUSE, VARANDARAPPILLY P.O., THRISSUR DIST BY ADV. MR. JOBI JOSE KONDODY RESPONDENTS: --------------- 1. THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION, CHEMBUKKAVU (P.O),680001 2. THE REVENUE DIVISIONAL OFFICER, O/O.THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, AYYANTHOLE(P.O.)-680003 THRISSUR 3. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VARANDARAPPILLY, NANDIPULAM P.O., THRISSUR-680319 BY SENIOR GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 4868 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 28th day of February, 2011 JUDGMENT Case of the petitioner is that, by virtue of Ext. P4 Government Order bearing No. GO(MS) No. 85/2010 ID dated 05.04.2010 issued by the Government, no further sanction is necessary to remove the 'ordinary earth' for constructing a pond in the petitioner's property, covered by Ext. P1. With this intent, the petitioner has already approached the first respondent by filing Ext. P5 application, which is still pending. The prayer of the petitioner is to direct the respondents to consider the same and pass appropriate orders. 2. Heard the learned Government Pleader as well, who submits, with reference to the materials on record that, there appears to some conflict, as borne on the face of Ext. P4, between some clauses, with reference to Rule 57 of the Kerala Minor Mineral Concession Rules and that necessary clarification has already been sought for from the Government. 3. Taking note of the submission made from either side, this Court finds that, the matter requires to be considered and finalized by the W.P. (C) No. 4868 of 2011 2 respondents in the light of Ext. P4 and such other clarifications, if so necessitated. Accordingly, the first respondent is directed to consider Ext. P5 in the light of Ext. P4 and such other relevant Government Orders and Rules and pass appropriate orders thereon in accordance with law, as expeditiously as possible, at any rate, within one month, from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd