ST.JUDE'S SHRINE Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner aggrieved by condition No.7 fixed in Ext.P4 order to obtain permission of the Panchayath for removing red earth from the property.

(2.) THE petitioner Church owns an extent of 5.96 Acres of land and intends to construct an educational institution for which a plan has been submitted before the 3rd respondent Panchayath for approval. Since the property is situated at different levels, for leveling the land, the earth has to be removed.

(3.) IN the light of the above, the condition No.7 in Ext.P4 and Ext.P5 is quashed. The application for building permit submitted by the petitioner will be considered by the Panchayath. It is also clarified that for transporting red earth to any other property, the petitioner will have to comply with the provisions of the Kerala Miner Mineral Concession Rules by obtaining 'P' Forms. This writ petition is disposed of as above.