JUDGMENT : Thottathil B. Radhakrishnan, J. This writ petition, to a large extent, exposes a callous manner in which the functionaries, who have a supervisory and regulatory control over the wealth of this Nation, have demonstrated that nobody in the system of governance, really cares to protect the lands. 2. The private respondents, against whom allegations are made, do not appear to contest this writ petition. Heard the learned counsel for the petitioner and the learned Senior Government Pleader. 3. One Rajamma applied for a permit for the construction of a residential building. That is shown to have been granted some time in February 2016. Here and now, we note that the permit or the approved plan for that construction is not shown in this litigation to which Rajamma is not a party. It is shown that after a few months, she applied for removal of a fairly large quantity of ordinary earth from her plot attributing the requirement for such removal to the proposed construction. On the basis of materials now available, it can be seen that the writ petitioner-Najimi had given a consent to download the earth that is removed from Rajamma's property in a particular plot in a given survey number, stated to be belonging to the writ petitioner. 4. Noticing that there are irreconcilable situations emanating out of the certification by the Geologist and the papers issued by the Village Officer including the possession certificate, we required the Village Officer and the Geologist to file affidavits. 5. The Village Officer, who had issued a possession certificate showing the date as sometime in 2011, had to candidly admit that the said certificate was issued in 2016. The run of the mill excuse of error while doing an official act, is held out by the Village Officer to cover that deficiency. The Geologist had with him the consent letter of Najimi. The alert learned Senior Government Pleader had been able to find out and reach at the fact that Najimi has a garden land and also a wet land.
The Geologist had with him the consent letter of Najimi. The alert learned Senior Government Pleader had been able to find out and reach at the fact that Najimi has a garden land and also a wet land. There is absolutely no indication as to what would be the safety valve that would be applied, either by the Revenue or the Geologist or the local police or the LSGI institution to ensure that the earth removed from Rajamma's property is not utilised for filling up any wet land or other lands to which it is not destined to be taken. 6. Noticing the aforesaid, we also see that while what has been granted by the Geologist is a permission for Rajamma to remove the earth, she does not seek any remedy through the writ court on the premise that she is unable to remove the earth. Instead, Najimi, who pleads by herself as one who has given permission to Rajamma for dumping the earth, has moved this writ petition. What more should we see to visualise the nature and quality of transactions in earth and sand, to be satisfied for ourselves that this is an eminently fit case where the writ jurisdiction should be refused when sought for at the instance of the petitioner-Najimi. No jurisprudential articulation, except adhering to commonsense; fired by the constitutional values including the Directive Principles of State Policy is required for this institution under the Constitution of India to see through the veil to alert itself of the impending danger in the writ court entertaining such matters. Cruel it would be for the executive and judiciary to be utilised as the spades for illegality in such matters. Such covert access to writ jurisdiction deserves to be watched for and annihilated, rather than issue innocuously innocent writs, to the peril of environment. 7. In the result, this writ petition is dismissed. 8. The learned Senior Government Pleader is requested to make a concise note of this case and bring it to the attention of the Chief Secretary of the Government of Kerala, for appropriate guidance through the Departments concerned, since holistic management of such issues cannot be had without cohesive liaisoning between the different Departments of governance.