IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 31269 of 2008(V) ------------------------------------ PETITIONER : ---------------- C.E. CHACKO, PAPPINISSERY HOUSE, KARIKODE.P.O, MULAKKULAM, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENTS : ------------------- 1. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, PALA, KOTTAYAM DISTRICT. 2. THE VILLAGE OFFICER, MULAKULAM VILLAGE OFFICE, MULAKULAM.P.O, VAIKOM TALUK, KOTTAYAM DISTRICT. 3. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION, KOTTAYAM - 2. 4. V.M. JOHN, VALIYANAMKANDATHIL HOUSE, MEVALLOOR.P.O, VAIKOM TALUK, KOTTAYAM DISTRICT. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.31269 of 2008 -------------------------- Dated this the 31st October, 2008 J U D G M E N T Challenge in the writ petition is against Exhibit P5 order passed by the 1st respondent under the Kerala Land Utilisation Order. 2. I heard learned counsel for the petitioner and learned counsel for the 4th respondent. Fourth respondent has filed a counter affidavit and petitioner has filed a reply. In my view, the issue would be appropriately dealt with by the Appellate Authority under the Kerala Land Utilisation Order. But in the facts and circumstances of the case, taking note of the fact that Exhibit P5 grants a permission to remove the sand/earth from the land having an extent of 40 cents forming part of the one acre property, in my view, it is appropriate that Exhibit P5 be kept in abeyance for a period of two weeks to enable the petitioner to approach the appellate authority. W.P ( C) No.31269 of 2008 2 Accordingly, the writ petition is disposed of permitting the petitioner to file an appeal against Exhibit P5. Operation of Exhibit P5 shall be kept in abeyance for a period of two weeks from today. In the meanwhile, if the petitioner approaches the Appellate Authority under the Kerala Land Utilization Order challenging Exhibit P5, the Appellate Authority shall pass orders thereon, in accordance with law, after hearing the 4th respondent also. It is open to the Appellate Authority to pass orders on any application made in that behalf by the petitioner herein. Taking note of the submission made by the counsel on both sides, I make it clear that respondents 1 to 3 shall take steps to see that no illegal sand mining is indulged in any land situated in Mulamkulam village in Vaikom Taluk, Kottayam District. (V.GIRI,JUDGE) ma W.P ( C) No.31269 of 2008 3 W.P ( C) No.31269 of 2008 4