IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 16160 of 2010(T) ------------------------------------------------- PETITIONER(S): ---------------------- MRIDULA GOPI, AGED 39 YEARS, W/O.GOPI, MANGADUTHU VEETIL, KURUVILASSERI P.O..THRISSUR DT. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THRISSUR. 3. SUPERINTENDENT OF POLICE,THRISSUR. 4. REVENUE DIVISIONAL OFFICER, THRISSUR. 5. TAHSILDAR, MUKUNDAPURAM TLAUK, IRINJALAKUDA. 6. VILLAGE OFFICER, KURUVILASSERY VILLAGE, MALA VIA, THRISSUR DIST. 7. CIRCLE INSPECTOR OF POLICE, MALA POLICE STATION, MALA. 8. SUB INSPECTOR OF POLICE, MALA POLICE STATION, MALA. W.P.(C).NO.16160 OF 2010 T 9. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, THRISSUR. BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 16160 OF 2010 T --------------------------------------------------- Dated this the 3rd June, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking a mandamus commanding respondents 2 onwards not to interfere with the removal and transportation of ordinary earth from the petitioner's property in view of Ext.P2 Government Order, on the petitioner giving prior intimation of the place to which the ordinary earth is being transported and the vehicle number in which the ordinary earth is being transported. 2. Briefly put, the case of the petitioner is as follows: Petitioner, in short, wants to remove ordinary earth from her private property for the purpose of leveling her property in level with the road. According to her, in view of Ext.P2 order, she can remove the earth. Petitioner also relies on Ext.P4. In Ext.P6 also, the Government states that by Ext.P2 order, the WPC.16160/2010 T 2 restriction imposed by authorities for removing and transporting the ordinary earth for construction purposes, has been relaxed considering the difficulties faced by the general public. 3. Learned Government Pleader on instructions submits that in view of Ext.P2 order, if the petitioner abides by the conditions in Ext.P2, there will be no harassment by respondents 2 to 9. We record the submission of the learned Government Pleader and direct that there will be no harassment by respondents 2 to 9 if the petitioner removes ordinary earth from her property for the purpose of bringing her property in level with the public road and in accordance with the conditions in Ext.P2 order. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge