JUDISH Vs. ST JUDES SHRINE

JUDGEMENT

(1.) Both these Review Petitions are filed against the judgment in W.P.(C) No.19829/2012. In R.P.No.975/2012 the review petitioner is a third party and R.P.No.893/2012 is filed by the third respondent in the Writ Petition, viz., the Kodassery Grama Panchayat. A disposal of R.P.No.893/2012 will have a bearing in R.P.No.975/2012. Therefore, I am referring to the pleadings therein.

(2.) In the Writ Petition, a challenge was made in respect of condition No.7 in Ext.P4 directing the writ petitioner to obtain permission from the Panchayat for removing red earth from the property. It has been held in the judgment that under the Minor Mineral Concession Rules the Panchayat is not an authority for the purpose of granting permission for removal of red earth.

(3.) Heard learned counsel for the review petitioners, Shri Asok M. Cherian, Shri Antony C. Ettukettil and Shri Mahesh V. Ramakrishnan, learned counsel appearing for the first respondent, Shri P.M. Ziraj and learned Government Pleader Shri P.A. Mohammed Shah.