IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 8933 of 2008(L) ------------------------- PETITIONER: ------------------ K.J. PAUL, CHRIYANKANDATHU KARAKKARA EDAKUNNU, OLLOUR P.O., THRISSUR DISTRICT. BY ADV. SRI.J.JULIAN XAVIER SRI.PIOUS MATHEW RESPONDENTS: ---------------------- 1. DISTRICT COLLECTOR, THRISSUR. 2. THE TAHSILDAR, THRISSUR TALUK OFFICE THRISSUR. 3. VILLAGE OFFICER, MULAYAM VILLAGE THRISSUR DISTRICT. 4. SUB INSPECTOR OF POLICE, MANNUTHY THRISSUR DISTRICT. 5. THE GEOLOGIST, OFFICE OF THE DISTRICT GEOLOSIT, CIVIL STATION, THRISSUR. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.8933 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 JUDGMENT The prayer in the writ petition is to command the respondents not to interfere with the removal of ordinary earth by the petitioner from his property covered by Exts.P1, P2 and P2(a) under the guise that sanction under the Minor Mineral Rules is required. Exts.P1, P2 and P2(a) are land tax receipt and sale deeds of the property in question. According to the petitioner, there is no necessity to get sanction from any other authority and the Government has clarified it that the ordinary earth is not a minor mineral. Petitioner also relies on Ext.P3 notification and Ext.P4 judgment. 2. I heard learned counsel for the petitioner Sri. Julian Xavier and the learned Government Pleader. 3. When this matter came up at the bar, learned counsel for the petitioner and the learned Government Pleader are one in submitting that sanction is indeed necessary treating the earth in question as minor mineral. Petitioner then points out that he has also filed Ext.P6 before the first respondent and he prays that a decision may be directed to be taken on the same. The learned Government Pleader does not oppose the same. WPC.8933/2008. 2 Accordingly, the writ petition is disposed of directing the first respondent to consider and dispose of Ext.P6 in accordance with law within a period of one month from the date of receipt of a copy of this judgment. (K.M. JOSEPH, JUDGE) sb