IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10845 of 2008(N) ---------------------------------------- PETITIONER: -------------------- SANKARAN, AGED 69, S/O. RAMAN EZHUTHACHAN, NARANGALIL HOUSE, CHERPU PADINJATTU MURI DESOM, THRISSUR DISTRICT BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------------------- 1. THE CHERPU GRAMA PANCHAYATH, REP. BY ITS SECRETARY, OORAKAM ,P.O., THRISSUR DISTRICT. 2. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR. 3. THE REVENUE DIVISIONAL OFFICER, THRISSUR COLLECTORATE, AYYANTHOLE, THRISSUR. 4. THE GEOLOGIST, COLLECTORATE,THRISSUR. 5. THE SUB INSPECTOR OF POLICE, CHERPU POLICE STATION, THRISSUR DISTRICT. 6. THILAKAN, S/O. KOTTINGAL KANDU, THOTTIPAL VILLAGE DESOM, OORAKAM P.O. THRISSUR DISTRICT. BY GOVERNMENT PLEADER SRI. K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.10845 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 31st March, 2008 JUDGMENT The grievance which the petitioner voices is that his neighbour, the 6th respondent is engaged in large scale removal of soil from his properties in such a manner as to completely remove the lateral support which his properties are getting from the 6th respondent's property. It is alleged that this large scale mining of soil by the 6th respondent is with a view to sell the soil on commercial basis. The petitioner has submitted Ext.P4 before the 2nd respondent, the District Collector, and also before the third respondent, the R.D.O. and the 4th respondent-Geologist. The third respondent, the R.D.O. can have jurisdiction over the matter in terms of the Land Utilisation Order and the 4th respondent may be concerned under the Kerala Minor Mineral Concession Rules. I feel that Ext.P4 should receive immediate attention of the 3rd respondent. Under these circumstances, I dispose of the Writ Petition itself even without issuing notice to the 6th respondent in the following terms: The third respondent (if he has already received Ext.P4 as claimed by the petitioner) will hold immediate enquiries conducted into Ext.P4 through the Village Officer or any other authority. The W.P.C.No.10845/08 - 2 - third respondent will issue notice to the 6th respondent and hear him as well as the petitioner and take a final decision taking into account the result of the enquiry conducted as above. The enquiry will be initiated and orders will be passed by the third respondent on Ext.P4 as directed above at the earliest and at any rate within two months of receiving copy of this judgment. In the meanwhile, the 6th respondent is directed to refrain from removing soil from his properties on large scale unless he is having permit/licence statutorily required for doing the same in terms of the Kerala Minor Mineral Concession Rules. srd PIUS C.KURIAKOSE, JUDGE