IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 10792 of 2007(I) ---------------------------------- PETITIONER(S): ----------------------- BINU, S/O SHASKARAN, AGED 36 YEARS, RESIDING IN PUTHUSSERIL PADIJATTATHIL HOUSE, MUDIYOORKONAM P.O., MUDIYOORKONAM MURI, PANTHALAM VILLAGE, ADOOR TALUK. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY, REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, ADOOR. 3. TAHASILDAR, TALUK OFFICE, ADOOR. 4. C.I. OF POLICE, POLICE STATION, PANDALAM. 5. KRISHNAPILLAI, SANTHOSH BHAVAN, MUDIYOORKONAM P.O., PANDALAM. ADV. SRI.SAJJU.S FOR R5 SRI. K.SHAJ FOR R5 GOVT. PLEADER SRI. V.TEK CHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10792/2007 I APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE MATHRUBHUMI DAILY DATED 20/3/07. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 10792 OF 2007 ......................................................................... Dated this the 6th April, 2009 J U D G M E N T The petitioner has approached this Court seeking for appropriate directions against the alleged activities pursued by the 5th respondent, who, according to the petitioner, was unauthorisedly excavating his paddy field without any permission, whereby deep pits were formed causing drainage of water from the entire 'padasekharam' to be accumulated in the excavated pit, making the property of the petitioner un- cultivable. 2. When the matter came up for consideration before this Court on 12.04.2007, an interim order was granted, whereby the respondents No.1 to 4 were directed to ensure that no unauthorised removal of clay from the paddy field in question was carried out by anybody. 3. The learned Government Pleader, referring to the instructions obtained, submits that the property in question lies in two separate lots, i.e. 12 Ares in Sy.No.66 /005 and 7 Ares in 67/05, both in Pandalam Village and that the concerned W.P.(C) No. 10792 OF 2007 2 authorities had granted necessary permit for excavating brick clay of the requisite quantity, as specified in the permits. The learned Government Pleader submits that the validity of both the above permits was over by 15.02.2007 and 31.03.2007 respectively. The learned counsel for the 5th respondent also submits that the 5th respondent will not effect any excavation unless otherwise permitted by the concerned authorities in accordance with law. In the above circumstances, the Writ Petition is disposed of, recording the factual position as mentioned above, making the interim order absolute and also making it clear that such excavation works shall be carried out by the concerned parties only on the basis of the relevant permits/sanction obtained in accordance with law. P.R. RAMACHANDRA MENON, JUDGE. lk