IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 6811 of 2011(B) ------------------------------- PETITIONER(S): ----------------- P.G.THOMAS,AGED 50 YEARS,S/O.P.M.GEORGE, THOMAS VILLA,ENATHU.P.O,ADOOR,PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.KRISHNA KUMAR (ALAPPUZHA) SRI.M.KISHORKUMAR SRI.R.VIJAYACHANDRAN SRI.SUNIL J.CHAKKALACKAL RESPONDENT(S): -------------------- 1. THE SUPERINTEDNENT OF POLICE, PATHANAMTHITTA-689645. 2. THE SUB INSPECTOR OF POLICE,ADOOR POLICE STATION,PATHANAMTHITTA-689645. 3. K.BIJU,S/O.RAJAMMA,PUTHEN VILAYIL, PAZHAKULAM.P.O,691527,(SECRETARY,D.Y.F.I, PALLICKAL VILLAGE,ADOOR). 4. THAHA,THAHIRA MANZIL,PAZHAKULAM.P.O, (TREASURER,I.U.M.L,ADOOR TALUK). 5. THE DISTRICT COLLECTOR,PATHANAMTHITTA-691527 * ADDL. R6 ADOOR MUNICIPALITY, REP. BY ITS SECRETARY, ADOOR, PATHANAMTHITTA. *[ADDL. 6TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 23/03/11 IN I.A.5339/11] WP(C).No. 6811 of 2011(B) -2- ** ADDL. R7 TAHSILDAR, PATHANAMTHITTA DIST. **[ADDL. R7 IS SUO MOTU IMPLEADED AS ADDL. RESPONDENT NO.7 AS PER ORDER OF THIS COURT DATED 21/10/11] GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6811 of 2011(B) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE LAND TAX RECEIPT DATED 05/06/10. EXT.P2:- TRUE COPY OF THE PETITION DT.05/02/11. EXT.P3:- TRUE COPY OF THE PETITION DATED 05/02/11. EXT.P4:- TRUE COPY OF THE APPLICATION DATED 31/12/10 MADE BEFORE THE 5TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.6811 of 2011 ------------------------------------------------ Dated this the 21st day of October, 2011 JUDGMENT Pius C. Kuriakose, J The grievance of the petitioner is that even though he has submitted Ext.P4 petition to the District Collector for removal of sand for the purpose of construction of a residential building and also for the purpose of levelling the property for agricultural purposes, the District Collector has not so far taken any action on Ext.P4. Sri.M.K.Aboobacker Senior Government Pleader on the basis of the instructions received from the District Collector submitted that on receiving Ext.P4, District Collector forwarded Ext.P4 to the Additional 7th respondent with instructions for necessary action. Learned Government Pleader submits that in all probability the petitioner would have been issued with a permit as the neighbouring owners do not have any complaint. W. P. C. No.6811 of 2011 -2- 2. Sri.P.Krishna Kumar, the learned counsel for the petitioner submits that the petitioner has not so far been issued with any permit or licence. Under the above circumstances, we dispose of this Writ Petition directing the Additional 7th respondent to take a final decision upon Ext.P4 on the basis of enquiries conducted by him pursuant to the direction of the District Collector. Decision as ordered above shall be taken at any rate within 3 weeks of getting a copy of this order. If the decision is in favour of the petitioner and any of the party respondents obstructs removal of the sand by the petitioner on the strength of the permit issued, the 2nd respondent will see to it that those obstructions are removed. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.6811 of 2011 -3-