IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 23408 of 2009(U) -------------------------- PETITIONER(S): --------------- CHANDRASEKHARAN, AGED 49 YEARS, S/O.KUNJIKELAN, KUTTIYIL HOUSE, ANNALLUR VILLAGE, CHALAKUDY. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.23408 of 2009 ---------------------------------------- Dated this the 17th day of August, 2009. JUDGMENT The petitioner is the owner in possession of a total extent of 33 cents of land in Survey No.17/27 of Vadakkumbhagam Village. He wants to construct a residential house in his property. Since the property is lying at a higher level, he has to remove ordinary earth and therefore, he sought permission to remove the same. 2. Ordinary earth is also a minor mineral and the provisions of the Kerala Minor Mineral Concession Rules, 1967 shall apply to the same, as held in the decision reported in Construction Materials Movers Association v. State of Kerala {2008(4) KLT 909}. 3. The application filed by the petitioner as Ext.P2 shall be considered by the respondent and disposed of in accordance with law, keeping in mind the observations contained in the decision in W.P.(C).No.23408 of 2009 :: 2 :: Construction Materials Movers Association v. State of Kerala {2008(4) KLT 909} and Ext.P3 within six weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge