IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 22786 of 2010(W) -------------------------- PETITIONER(S): --------------- SHAJAN,AGED 37 YEARS, S/O.ACHUTHAN, VALIYAPURAKKAL HOUSE,CHERUVATHANI DESOM,ANJUR VILLAGE, THALAPPALLY TALUK,THRISSUR DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED TO GOVERNMENT,INDUSTRIES DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR,THRISSUR-680001. 3. THE REVENUE DIVISIONAL OFFICER, THRISSUR-680001. 4. THE TAHSILDAR,THALAPPALLY TALUK, THRISSUR DISTRICT-680582. 5. VILLAGE OFFCER,KUNNAMKULAM VILLAGE, THRISSUR DISTRICT-680503. BY G.P.SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.22786 OF 2010 PETITIONER'S EXTS: EXT.P1:-COPY OF SALE DEED DTD.6.5.08 EXT.P2:-COPY OF APPLICATION FOR PERMISSION EXT.P3:-COPY OF WORK ORDER ISSUED BY SECRETARY, KUNNAMKULAM MUNICIPALITY DTD.27.5.08 EXT.P4:-COPY OF MAHAZAR PREPARED BY 5TH RESPONDENT EXT.P4(a):-COPY OF SKETCH EXT.P5:- COPY OF AFFIDAVIT SUBMITTED BY VELAYUDHAN EXT.P5(a):- COPY OF AFFIDAVIT SUBMITTED BY DAUGHTER OF PARANGODAN EXT.P5(b):- COPY OF AFFIDAVIT SUBMITTED BY KOCHUKUTTAN EXT.P5(c):-COPY OF AFFIDAVIT SUBMITTED BY ACHUTHAN EXT.P6:-COPY OF THE PROFORMA REPORT SUBMITTED BY R4 BEFORE R3. EXT.P7:- COPY OF LETTER DTD.23.9.2009 ISSUED BY R3 TO THE PETITIONER EXT.P8:-COPY OF APPLICATION ALONGWITH AFFIDAVIT. EXT.P9:-COPY OF THE JUDGMENT IN WP(C) NO.35499/2009 DTD.8.3.2010 EXT.P10:-COPY OF GO(MS) NO.85/2010 DTD.5.4.2010 EXT.P11:- COPY OF THE ORDER DTD.22.4.2010 RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.22786 of 2010 (W) --------------------------------- Dated, this the 16th day of September, 2010 J U D G M E N T According to the petitioner, he made an application under the Kerala Minor Mineral Concession Rules for removal of ordinary soil for the purpose of converting a plot of land into a house plot. It is stated that in Ext.P6, though the Revenue Divisional Officer had passed an order dated 16/10/2008, formal permit was not issued. Finally, by Ext.P11 order dated 22/04/2010, he was informed that in view of the amendment to Rule 57 of the Kerala Minor Mineral Concession Rules, he will have to obtain permission from the Government. The petitioner’s case is that the permit was already ordered to be issued and therefore, without approaching the Government as ordered in Ext.P11, permit should be issued. It is with this grievance, this writ petition has been filed challenging Ext.P11 order. 2. Irrespective of the aforesaid controversy, if as stated by the petitioner, the purpose is only for conversion of a plot of land WP(C) No.22786/2010 -2- into a house site, in view of Ext.P10 Government Order dated 05/04/2010 the petitioner is free to remove the ordinary soil without obtaining a permit as required under the Kerala Minor Mineral Concession Rules. 3. Therefore, it is directed that if the petitioner's activity is covered by Ext.P10 Government Order referred to above, the petitioner is free to remove the ordinary soil as proposed. It is made clear that in such a case, the said removal shall not be obstructed by the respondents. However, it is clarified that this judgment will enable the petitioner only for the removal of soil as provided in Ext.P10 Government Order, and if the purpose is anything other than what is covered by Ext.P10, unless the petitioner obtains a permit as provided in the Government Order under Rule 57 of the Kerala Minor Mineral Concession Rules, the petitioner will not be allowed to do so. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg