IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 3203 of 2008(F) ------------------------- PETITIONER : -------------------- NARAYANANKUTTY, 60 YEARS, S/O.LAKSHMIKUTTY AMMA, KOONANGATT HOUSE, PUTHUSSERY, CHERUTHURUTHY P.O., THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): ------------------------ 1. THE VALLATHOL NAGAR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, CHERUTHURUTHY P.O., THRISSUR DT. 2. REVENUE DIVISIONAL OFFICER, THRISSUR. 3. ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, VADAKKANCHERY, THRISSUR DT. 4. POLLUTION CONTROL BOARD, REP. BY ENVIRONMENTAL ENGINEER, THRISSUR. 5. TAHSILDAR, TALUK OFFICE, TALAPPILLY. 6. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, THRISSUR. 7. SUB INSPECTOR OF POLICE, CHERUTHURUTHY. 8. SURENDRAN, NAMBILLY HOUSE, PUTHUSSERY, CHERUTHURUTHY P.O., THRISSUR. 9. VEERAN, PUTHUSSERYPADATH, CHERUTHURUTHY P.O., THRISSUR. 10. BASHEER, PUTHUSSERYPADATH, CHERUTHURUTHY.P.O., THRISSUR. R1 BY ADV. SRI.SANTHEEP ANKARATH R2 TO R3 & R5 TO R7 BY GOVT. PLEADER SMT. RANI DIOTHIMA R4 BY ADV. M.K. CHANDRAMOHAN DAS R8 BY ADV. SAJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 3203 of 2008(F) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF TITLE DEED OF THE PETITIONER DATED 17.10.95. EXT.P2 : COPY OF REPRESENTATION DATED 10.12.07 FILED BY THE PADASEKHARA COMMITTEE TO THE TAHSILDAR, TALAPILLY TALUK. EXT.P3 : COPY OF RECEIPTS ISSUED BY THE RDO, THRISSUR DATED 12.12.07. EXT.P4 : COPY OF RECEIPTS ISSUED BY THE ASSISTANT ENGINEER, MINOR IRRIGATION, VADAKKANCHERY DATED 14.12.07. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ==================== W.P.(C) No.3203 OF 2008 ==================== Dated this the 13th day of December, 2010 JUDGMENT The petitioner herein is the owner in possession of about 3 acres of land, in Survey No.45 Cheruthuruthy village, which is a paddy field and which is a part of a larger extent of Padasekharam, namely Puthussery padasekharam. It is pointed out that Puthussery padasekharam is having more than 500 paras of paddy land, which is a three crop nilam. 2. The complaint raised by the petitioner in this writ petition is against respondents 8 to 10. After purchase of 5 acres of paddy field within the above padasekharam, they started to establish a brickline. They started mining activities also by removing clay from the paddy field even without getting any permit. The Puthussery padasekharam Committee filed Ext.P2 representation before the Tahsildar to take appropriate action and since no effective steps were being taken by the 5th respondent, this writ petition was filed seeking for various reliefs. 3. Heard parties. 4. By interim order dated 28.1.2008 this court restrained respondents 8 to 10 from extracting clay from the paddy fields W.P.(C) No.3203 OF 2008 2 forming part of the Puthussery padasekharam, unless they are having permit in that regard from the 6th respondent. Only 8th respondent has entered appearance and notice to respondents 9 to 10 returned as refused. This Court again passed an interim order on 13.3.2008 after hearing all parties. The 7th respondent was directed to ensure that respondents 8 to 10 do not remove clay for construction of bricks from the padasekharam without obtaining permit from the Geologist and the same position continues. But it is not evident whether they have obtained the permit so far. This writ petition is disposed of maintaining the interim order as above. No costs. (T.R. Ramachandran Nair, Judge.) mns