IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 30810 of 2010(A) --------------------------------------- PETITIONER: ------------------- MERCY JOSEPH, D/O.JOSEPH THOMAS, AROGYA VILASAM, THEKKEKARA, MONCOMPU, ALLEPPEY. BY ADVS. SRI.SIBY MATHEW, SRI.PHILIP J.VETTICKATTU, SRI.B.PREMNATH. RESPONDENT: ---------------------- THE REVENUE DIVISIONAL OFFICER, KOTTAYAM-686 002. BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.30810 OF 2010(A) -------------------------------------------------- Dated this the 7th day of October, 2010 J U D G M E N T Petitioner submits that he is in possession of 16 ares of land in Rs. No. 43/4 (Old Sy.No.140/1/1) in block No.13 of Thottakkad Village of Changanassery Taluk. According to the petitioner, the land is a sloppy one and to construct a residential building he has to level the land by removing a portion of the red earth. It is stated that thereupon he made Ext.P2 application to the first respondent. Orders have not been passed on Ext.P2 and therefore the writ petition is filed. 2. Relying on the provision of Rule 57(1) of the Minor Mineral Concession Rules, 1967, learned Government Pleader contended that the RDO before whom the application is made is incompetent to grant permission and that it is only the Government which can grant the special permission. 3. However it is seen that considering the inconvenience that is caused to the general public on account of the aforesaid requirement of obtaining special permission from the Government, the Government have issued GO(MS).No.85/2001 WPC.No. 30810/2010 :2 : dated 5.4.2001, in which it is stated that for works such as removal of red earth, for the purpose of building construction, digging of well, pond etc, no special permission is necessary. Therefore, when the Government themselves have taken a policy decision that such a special permission is not necessary for removal of the soil for the purpose of construction of a building like the one which is proposed to be constructed by the petitioner, in my view, it is unnecessary and unfair to require the petitioner again to move the Government, for obtaining the special permission as contemplated in Rule 57(1). Therefore, if as stated by the petitioner, the purpose of removal of red earth is for construction of a residential house, it is clarified that the petitioner will be entitled to the benefit of GO (MS).No.85/2001 dated 5.4.2001 and in which event it is unnecessary for the petitioner to obtain any such permit. In that view of the matter, the writ petition is disposed of clarifying the position as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 30810/2010 :3 :