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2024 Supreme(Online)(KER) 24465

HIGH COURT OF KERALA
VIJU ABRAHAM, J
R U HUMAN FOUNDATION, – Appellant
Versus
STATE OF KERALA – Respondent


JUDGEMENT

The above writ petition has been filed challenging Ext.P21 wherein the request for renewal of permission for removal of ordinary earth was declined by the 2nd respondent.

2. It is averred that the petitioner, a company with an intention to start a Medical College had purchased certain extent of land and had obtained Ext.P2 building permit in this regard. There was some level difference in the lie of the property of the petitioner and some earth have to be removed for leveling the property so as to make it conducive for starting the construction of the building. Thereupon Ext.P3 application was made in this regard. The 2nd respondent conducted a site inspection and granted permission for removal of 34006 metric ton ordinary earth from the property on payment of necessary royalty as per Ext.P4. Petitioner had paid the royalty and other charges in this regard. Thereafter pass was also issued as evident from Ext.P5. While so there was protest from the local people and the petitioner was constrained to file W.P.(C) No.40276 of 2022 seeking for police protection and this Court by Ext.P6 judgment afforded protection to the petitioner for carrying out the activities in terms of Ext

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