IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22786 of 2010(W)
1. SHAJAN,AGED 37 YEARS,VALIYAPURAKKAL
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED TO
... Respondent
2. DISTRICT COLLECTOR,THRISSUR-680001.
3. THE REVENUE DIVISIONAL OFFICER,
4. THE TAHSILDAR,THALAPPALLY TALUK,
5. VILLAGE OFFCER,KUNNAMKULAM VILLAGE,
For Petitioner :SRI.S.RAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :16/09/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.22786 of 2010 (W)
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Dated, this the 16th day of September, 2010
J U D G M E N T
According to the petitioner, he made an application under the
Kerala Minor Mineral Concession Rules for removal of ordinary soil
for the purpose of converting a plot of land into a house plot. It is
stated that in Ext.P6, though the Revenue Divisional Officer had
passed an order dated 16/10/2008, formal permit was not issued.
Finally, by Ext.P11 order dated 22/04/2010, he was informed that
in view of the amendment to Rule 57 of the Kerala Minor Mineral
Concession Rules, he will have to obtain permission from the
Government. The petitioner’s case is that the permit was already
ordered to be issued and therefore, without approaching the
Government as ordered in Ext.P11, permit should be issued. It is
with this grievance, this writ petition has been filed challenging
Ext.P11 order.
2. Irrespective of the aforesaid controversy, if as stated by
the petitioner, the purpose is only for conversion of a plot of land
WP(C) No.22786/2010
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into a house site, in view of Ext.P10 Government Order dated
05/04/2010 the petitioner is free to remove the ordinary soil
without obtaining a permit as required under the Kerala Minor
Mineral Concession Rules.
3. Therefore, it is directed that if the petitioner’s activity is
covered by Ext.P10 Government Order referred to above, the
petitioner is free to remove the ordinary soil as proposed. It is
made clear that in such a case, the said removal shall not be
obstructed by the respondents.
However, it is clarified that this judgment will enable the
petitioner only for the removal of soil as provided in Ext.P10
Government Order, and if the purpose is anything other than what is
covered by Ext.P10, unless the petitioner obtains a permit as
provided in the Government Order under Rule 57 of the Kerala
Minor Mineral Concession Rules, the petitioner will not be allowed to
do so.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg