IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 20518 of 2011(L) -------------------------------- PETITIONER(S): ----------------- JAYARAJAN.C., AGED 52 YEARS, CHEMPAKASSERIL HOUSE, MAROOR.P.O., ENADIMANGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT-691 524. BY ADV. SRI. K.SHAJ RESPONDENT(S): -------------------- 1. CIRCLE INSPECTOR OF POLICE, ADOOR, PATHANAMTHITTA DISTRICT. 2. DEPUTY SUPERINTENDENT OF POLICE, ADOOR, PATHANAMTHITTA DISTRICT. ADDL. R3:- THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, PATHANAMTHITTA. *[R3 IS IMPLEADED SUO MOTU AS ADDL 3RD RESPONDENT AS PER ORDER DT.27/07/11 IN THE WPC] GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20518 of 2011(L) APPENDIX PETITIONER'S EXTS:- EXT.P1:- TRUE COPY OF CERTIFICATE OF REGISTRATION AS A SSI UNIT ACKNOWLEDGED AND ISSUED BY THE MANAGER, DISTRICT INDUSTRIES CENTRE, PATHANAMTHITTA. EXT.P2:- THE TRUE COPY OF THE NO-OBJECTION CERTIFICATE NO.C1-/ DATED 13/01/11 ISSUED BY THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICE, KOTTAYAM. EXT.P3:- TRUE COPY OF THE ORDER DT.27/01/11 PASSED BY THE DY. CHIEF ENGINEER, ELECTRICAL CIRCLE, PATHANAMTHITTA. EXT.P4:- TRUE COPY OF THE CONSENT TO ESTABLISH NO.PCB/RO/PTA/ICE/02/11 DT.07/03/11 ISSUED TO THE PETITIONER. EXT.P5:- TRUE COPY OF THE ORDER NO.C3/1387/11/DDS DATED 04/05/11 ISSUED BY THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. EXT.P6:- TRUE COPY OF THE BUILDING PERMIT NO.C4-10514/10 DT.18/05/11 ISSUED BY THE SECRETARY, GRAMA PANCHAYAT, ENADIMANGALAM. EXT.P7:- TRUE COPY OF THE BOOK NO.41786 DT.19/05/11 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE ENADIMANGALAM GRAMA PANCHAYAT. EXT.P8:- TRUE COPY OF THE REQUEST LETTER DT.31/05/11 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR, ADOOR. EXT.P9:- TRUE COPY OF THE GO. NO.CU(MS) NO.85/10/INDUSTRIES DT.05/04/10 EXT.P10:- TRUE COPY OF THE LETTER DT.13/06/11 ISSUED TO THE DY. SUPERINTENDENT OF POLICE BY THE PETITIONER. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.20518 of 2011 ------------------------------------------------ Dated this the 16th day of August, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner has filed this Writ Petition complaining that the first respondent/Circle Inspector of Police is harassing him and is preventing him from removing earth from his own property. After impleading the Geologist as the Additional third respondent, we directed the learned Government Pleader to seek instructions from the additional third respondent as well as from the first respondent/Circle Inspector of Police. The learned Government Pleader submitted today that the Geologist has conducted site inspection and has reported to the Circle Inspector of Police that the removal of the sub soil in the manner presently done by the petitioner will not result in any ecological W. P. C. No.20518 of 2011 -2- implications/imbalances and therefore, the Geologist does not have any objection to the action of the petitioner. It was also submitted that there is no violation of the Minor Mineral Concession Rules either. Learned Government Pleader submitted that the objection of the first respondent was only that the petitioner should get permission from the Geologist. Now that the Geologist has made his stand clear, the first respondent is not going to interfere with the action of the petitioner. 2. We record all the submissions of the learned Government Pleader and dispose of the Writ Petition. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.20518 of 2011 -3-