IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 13124 of 2011(M) --------------------------------------- PETITIONER(S): ------------------------ MARY CLEMENT @ ROSSY, AGED 50 YEARS, W/O. CLEMENT, THAIPARAMBIL, UDYOGAMANDAL, ELOOR. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------------------- 1. SUB INSPECTOR OF POLICE, ELOOR, PIN-683 501. 2. CITY POLICE COMMISSIONER, KOCHI CITY, ERNAKULAM, PIN-682 011. R1 & R2 BY GOVERNMENT PLEADER SRI. VENUGOPAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- 2- WP(C)NO.13124/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SETTLEMENT DEED NO.3976/2002 OF ALANGAD SRO P2 COPY OF THE COMPLAINT DATED 30/4/2011 SUBMITTED BEFORE 2ND RESPONDENT. P3 COPY OF THE GOVERNMENT CIRCULAR /GUIDELINES NO.85/2010 INDUSTRIES DATED 5/4/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.13124 OF 2011 ............................................. Dated this the 15th day of June, 2011. JUDGMENT Basant, J: The petitioner has come to this Court complaining of harassment by the police. According to the petitioner, she is taking earth in her property and she wants to remove the same. In the light of Ext.P3 order, no permission is required for removal of ordinary earth. By Ext.P3 order of the Government, the police are unnecessarily causing harassment to her in her attempt to remove ordinary earth. Appropriate direction under Article 226 may be issued, it is prayed. 2. The learned Government Pleader, after taking instructions, submits that so long as Ext.P3 remains, police do not want to cause any obstruction to the removal of ordinary earth. The learned Government Pleader points out that the police now do accept that Ext.P3 is valid and that ordinary earth can be removed in accordance with law without any permit. The learned Government Pleader W.P.(C).NO.13124 OF 2011 : 2 : points out to this Court the fact that Ext.P3 is under challenge and challenge is pending before another Bench of this Court. Be that as it may, the learned Government Pleader submits that the police shall not cause any obstruction to the removal of ordinary earth so long as Ext.P3 remains valid. But, however, it is submitted that the police apprehends that the petitioner may under the guise of removal of ordinary earth indulge in transportation of sand. 3. If there be any transportation of sand contrary to provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, the police shall be obliged to take appropriate action in accordance with law. At any rate, the learned Government Pleader assures that there shall be no question of any harassment of the petitioner by the police officials. Action in accordance with law alone shall be taken, if the petitioner under the guise of removal of ordinary earth indulges in transportation of sand. We accept the submission of the learned Government W.P.(C).NO.13124 OF 2011 : 3 : Pleader. Accepting this submission this writ petition is dismissed. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. /true copy/ P.S. to Judge. cl