IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 OP.No. 25911 of 1999(I) --------------------------------- PETITIONER: ------------------- K.G. GOPALAKRISHNAN NAIR, AGED 64 YEARS, S/O. GOPALAN NAIR, THE PRESIDENT, ELITHURUTHU PADASEKHARA NELLULPADAKA SAMITHI, REG. NO. ER: 969/90, KUNNUKARA, KUNNUKARA.P.O., ALWAYE, PIN - 683 524. BY ADV. SRI.K.RAMAKUMAR (SR.), ADV. SRI.T.RAMPRASAD UNNI. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICE, FORT COCHIN, ERNAKULAM. 2. THE TAHSILDAR, N. PARAVUR, ERNAKULAM DISTRICT. 3. THE VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICER, KUNNUKARA, ALWAYE, ERNAKULAM. 4. THE SUB INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION, CHENGAMANAD, ALWAYE. 5. MR. BALAKRISHNAN, SHANJI GARDENS, CHERUKADAPURAM, PUTHENVELIKKARA.P.O., VIA. CHENGAMANAD, ERNAKULAM DISTRICT. 6. MR. JOHNSON, S/O. GEORGE, PADAYATTIL HOUSE, NORTH ADUVASSERRY, KUNNUKARA PANCHAYATH, S. ADUVASSERRY.P.O., CHENGAMANAD, ERNAKULAM DISTRICT. GOVT. PLEADER SRI. SANDESH RAJA FOR R1 TO R4, ADV. SRI.J.JULIAN XAVIER FOR R5, ADV. SRI.V.N.MOHANADASAN FOR R6. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 30/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 25911/1999-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROHIBITION ORDER DTD. 08/05/1997 ISSUED BY THE R.2. EXT.P.2: COPY OF THE NOTICE DTD. 17/01/1998 ISSUED BY THE R.3. EXT.P.3: COPY OF THE COMPLAINT DTD. 04/10/99 BEFORE THE R.3. FILED BY THE PETITIONER. EXT.P.4: COPY OF THE ROUGH SKETCH OF PADDY FIELDS CERTIFIED BY THE PETITIONER PADASEKHARA SAMITHI. RESPONDENTS' EXHIBITS: EXT.R6.A: COPY OF THE QUARRYING PERMIT FOR BRICK CLAY ISSUED UNDER RULE (4) OF THE KERALA MINOR MINERAL CONCESSION DTD. 31/05/97. EXT.R6.B: COPY OF THE CERTIFICATE OF THE SSI REGISTRATION. EXT.R6.(C) 1 TO R6 (C) 4: COPIES OF LICENCE TO CONDUCT BRICK MANUFACTURING UNIT FROM THE YEAR 1995 TO 1999. //TRUE COPY// P.A. TO JUDGE. prv. P.N.RAVINDRAN, J. ====================================== O.P.No.25911 of 1999 ====================================== Dated this the 30th day of July 2008 JUDGMENT The prayer in this Original Petition is to command the official respondents to prohibit respondents 5 and 6 from excavating soil from their paddy fields and to prevent them from making any changes to their properties. The petitioner has also prayed for a writ in the nature of mandamus commanding the official respondents to prevent respondents 5 and 6 and other paddy cultivators from removing soil from their paddy fields. The writ petition was filed on 14.10.1999. Though the petitioners had filed CMP No.43699 of 1999 for an interim order of injunction restraining respondents 5 and 6 from excavating and removing soil from the paddy fields or from installing brick kilns, no interim relief was granted. The 6th respondent has filed a counter affidavit pointing out that he holds a valid permit to quarry brick clay and that excavation and removal of soil is being conducted in accordance with the provisions of the Kerala Minor Mineral Concession Rules, 1967. The 6th respondent has also stated that he holds a valid licence issued by the local authority to manufacture wire cut bricks. Ext.R6(a) is the quarrying permit O.P.No.25911 of 1999 2 issued to the 6th respondent to quarry brick clay and Ext.R6(c) series are the licences issued by the local authority to him to manufacture wire cut bricks. In such circumstances, no relief can be granted to the petitioner. The Original Petition is accordingly dismissed with the observation that the 6th respondent can continue to run the brick Klin and carry on his trade only if he has the requisite mining permit and the necessary licence issued by the local authority to manufacture and sell wire cut bricks. P.N.RAVINDRAN, JUDGE css/ O.P.No.25911 of 1999 3 P.N.RAVINDRAN, J. O.P.No.25911 of 1999 judgment 30.07.2008