IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 22316 of 2010(L) -------------------------- PETITIONER: --------------- V.V.JABBAR, AGED 50 YEARS, S/O.VEERAN, VAZHAKKAMADATHIL HOUSE, VELLOOR, P.O.PUTHENCHIRA SOUTH, THRISSUR DIST. BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA SMT.P.R.REENA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM.PIN 695 001. 2. DISTRICT COLLECTOR, THRISSUR. PIN-680 001. 3. SUPERINTENDENT OF POLICE, THRISSUR. PIN-680 001 4. REVENUE DIVISIONAL OFFICER, THRISSUR. PIN-680 001 5. TAHSILDAR, MUKUNDAPURAM TALUK, IRINJALAKUDA. PIN-680 001 6. VILLAGE OFFICER, PUTHENCHIRA VILLAGE, PUTHENCHIRA. PIN-680 001 7. CIRCLE INSPECTOR OF POLICE, MALA POLICE STATION, MALA. PIN-680 732 8. SUB INSPECTOR OF POLICE, MALA POLICE STATION, MALA.PIN-680 732 9. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THRISSUR.PIN-680 001 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22316 of 2010(L) APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE LETTER DATED 22..12..2006 ISSUED BY THE GEOLOGIST. EXT.P2. COPY OF THE JUDGMENT IN W.P.(C) NO17803/2007 DATED 28.11.2007. EXT.P3. COPY OF THE POSSESION CERTIFICATE DATED 18.02.2010. EXT.P4. COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 22.3.2010. EXT.P5 COPY OF THE LETTER DATED 06.05.2010 OF THE GOVERNMENT. EXT.P6 COPY OF THE G.O.(MS) 85/2010/ID DATED 05.04.2010. EXT.P7. COPY OF THE MAHAZAR DT. 15.5.2010 PREPARED BY THE SUB INSPECTOR OF POLICE MALA . EXT.P8. TRUE OPY OF ORDER OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT, CHALAKUDY IN CRL. MP.4607/2010. EXT.P9. COPY OF THE ORDER IN CRL.M.C. NO2018/2010 DATED 25.6.2010. EXT.10 COPY OF THE JUDGMENT IN WP.(C) N.16160/2010 DATED 03.06.2010. RESPONDENTS EXT. : NIL. VK ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.22316 of 2010 (L) --------------------------------- Dated, this the 6th day of September, 2010 J U D G M E N T According to the petitioner, he is removing red earth in compliance with the conditions of Ext.P6, GO(MS) No.85/2010/ID dated 05/04/2010. Despite the above, respondents are interfering with this activity, and therefore, this writ petition is filed praying directions for the smooth conduct of the said activity. 2. However, learned Government Pleader points out that the petitioner does not satisfy the conditions of Ext.P6 Government Order. 3. If as stated by the petitioner, he is complying with the conditions of Ext.P6 Government Order, he is entitled not to be disturbed. However, that does not mean that the Law Enforcement Agency cannot inspect the premises or verify the records to satisfy themselves about the legitimacy of the activity carried on by the petitioner or as to whether the petitioner is complying with the conditions of Ext.P6 Government Order. WP(C) No.22316/2010 -2- In that view of the matter, this writ petition is disposed of directing that if the petitioner is carrying on the aforesaid activity strictly in terms of the conditions of Ext.P6, the respondents shall not interfere with the same. It is clarified that this judgment will not stand in the way of the respondents in inspecting the premises of the petitioner or verifying the records to satisfy about the legitimacy of the activities carried on by the petitioner. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg