IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 18703 of 2010(K) -------------------------- PETITIONER(S): --------------- MAHESH, AGED 32 YEARS, S/O.SURENDRAN, RESIDING AT PALLISSERY HOUSE, P.O.VALLACHIRA, THRISSUR DISTRICT. BY ADVS. SRI.P.G.SURESH SRI.C.V.MANUVILSAN SMT.K.VIDYA SRI.M.R.VIBIN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 4. THE VALLACHIRA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, P.O.VALLACHIRA, THRISSUR. 5. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT. 6. THE SUB INSPECTOR OF POLICE, CHERPU POLICE STATION, THRISSUR DISTRICT. R1 TO R3 & R5 TO R6 BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J -------------------- W.P.(c).No.18703 of 2010 ---------------------------------------- Dated this the 16th day of June, 2010 J U D G M E N T The petitioner is the owner in possession of a property. Petitioner wants to remove soil from the property for construction of a house. Petitioner alleges that CITU members objected to the same for personal gains. When the matter was taken up by the police, the CITU people produced an order whereby the RDO has banned removal of sand from the area in question. Petitioner therefore filed Ext.P15 representation seeking exemption from the ban. Petitioner also submits that Vallachira Grama Panchayat on whose recommendation the ban order has been passed themselves have recommended to the RDO to grant permission for removal of soil to the petitioner. It is submitted that the Panchayat has passed resolutions in support of the petitioner's request for exemption. The petitioner therefore seeks the following reliefs: i) Issue a writ of mandamus or any other appropriate writ directing the respondent No.3 to provide relaxation to Ext.P11, to the petitioner for removing the soil from his property, in order to construct a house, based on Ext.P5 building permit and also in view of Ext.P12 to P14 resolutions passed by the Panchayat. W.P.(c) No.18703/10 2 ii) Issue a writ of mandamus or any other writ directing the Respondent No.3 to take an action on Ext.P15 representation, in accordance with law, by affording a reasonable opportunity of being heard to the petitioner/or his authorised representative, without any further delay. The learned Government pleader submits that exemption has to be granted by the Government and not by RDO. In view of the above submission of learned Government Pleader, without prejudice to the right of the petitioner to approach the Government for appropriate relief, this writ petition is dismissed. S. SIRI JAGAN, JUDGE. Sou.