A.M.Shaffique, J. Petitioner has approached this Court praying for a mandamus directing respondents 1 and 2 to provide adequate police protection for removing red gravel from the petitioner's property. Reference is made to Ext.P3, by which the Geologist has granted permission to the petitioner to remove the red earth from his property from 18.11.2014 to 21.11.2014.
2. According to the petitioner, the party respondents are preventing the removal of red earth from his property and petitioner has approached the police seeking protection. But no action has been taken in the matter.
3. A counter affidavit has filed by the fourth respondent inter alia stating that they have preferred an appeal before the District Collector against the order passed by the Revenue Divisional Officer. It is also stated that the removal of red earth will affect the lateral support of his property. That apart, Ext.P3 has seen modified as Ext.R4(e) indicating that the date mentioned therein is from 18.8.2014 to 21.8.2014.
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4. Having regard to the fact situation, we are of the view that if the party respondents have any objection with regard to the petitioner's removal of earth from his property, the remedy is to approach the civil court or competent authority and obtain appropriate orders. They cannot physically prevent the petitioner or their men from carrying out removal of earth, if it is permitted by the by the competent authority. It shall be open for the petitioner to approach the Geologist for extension of time as the petitioner has a case that party respondents have prevented the petitioner when he attempted to remove the soil from his property.
In such circumstances, there will be a direction to the second respondent to provide adequate protection to the petitioner to carry out the removal of red earth on production of a valid permit.
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ASHOK BHUSHAN, ACTING CHIEF JUSTICE sou.
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A.M.SHAFFIQUE, JUDGE.