IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 33429 of 2009(W) -------------------------- PETITIONER(S): --------------- O.A.SUNNY, AGED 37 YEARS, S/O.ANTONY JOSEPH, OMPILLY HOUSE, LALAN DESOM, PALA,KOTTAYAM. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. REVENUE DIVISIONAL OFFICER, THRISSUR. 2. THE TAHSILDAR, MUKUMDAPURAM TALUK OFFICE, IRINJALAKUDA. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).33429/2009 -------------------- Dated this the 18th day of December, 2009 JUDGMENT The petitioner submitted Ext.P5 application to the second respondent for a quarrying permit to quarry soil from his lands with a view to construct a residential house. The Tahsildar in turn forwarded the application after enquiry to the Revenue Divisional Officer, Thrissur. The grievance voiced by the petitioner is that till date, the Revenue Divisional Officer has not considered the said application or passed orderes thereon. In this writ petition the petitioner seeks a direction to the Revenue Divisional Officer, Thrissur to consider his application for quarrying permit and to pass final orders thereon within a time limit to be fixed by this Court. 2. The question whether having regard to the location and lie of the land and contents of the report submitted by the Village Officer/Tahsildar, the request made by the petitioner in Ext.P5 application should be granted, is a matter for the Revenue Divisional Officer to decide. Ext.P5 application was submitted on 23.8.2009. The purpose of quarrying of sand is stated to be for levelling of land. It is also stated that a road runs by the side of the land and that the property described in W.P.(C).33429/09 2 Ext.P5 application lies 15 feet above the said road. In my opinion, it is for the Revenue Divisional Officer to decide whether the petitioner's land lies 15 feet above the level of the road and to what extent he should be permitted to quarry sand. I accordingly dispose of this writ petition with a direction to the Revenue Divisional Officer, Thrissur to personally inspect the land described in Ext.P5 and to pass orders thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him. The Revenue Divisional Officer shall if he is satisfied that the quarrying permit should be granted, impose a condition to the effect that the petitioner shall not quarry sand below the level of the road. The Revenue Divisional Officer shall grant such a permit only if he is satisfied about the bonafides of the request made by the petitioner. P.N.RAVINDRAN, Judge mrcs