Babukumar vs the District Disaster Management Authority

Babukumar vs The District Disaster Management Authority

Type Court Judgment Court Kerala Decided Feb 07, 2024

~3 min read

https://sooperkanoon.com/case/1307073

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1307073
Court: Kerala High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Feb 07, 2024
Case Number: WP(C)/4687/2024

Parties & Advocates

Appellant / Petitioner

Babukumar

Respondent

The District Disaster Management Authority

Excerpt

.....entire surrounding lands and hence his property is situated in a higher level of 5 to 8 metres from the surrounding lands without any lateral support in a table top condition and the same is lying in a dangerous condition. petitioner submits that the neighbouring property owners have preferred complaint before the 3 rd respondent. the 3rd respondent as per ext.p4 order directed the petitioner to remove the ordinary earth from his property by cutting benches after obtaining necessary permission from the 5th respondent. it is pursuant to the samewp(c) no.4687of 2024 3that the petitioner has approached the 5th respondent by filing an application to issue transit permit and transit passes for transportation of ordinary earth, which is seen received and pending before the 5 th respondent as file no.22 of 2022. petitioner submits that a direction may be issued to the 5th respondent to finalise the proceedings on the application bearing no.22 of 2022.3. heard the learned government pleader also. after hearing both sides, i am inclined to dispose of the writ petitionwith a direction to the 5 th respondent to consider and dispose of application no.22 of 2022 submitted by the petitioner within a period of one month from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and any other affected parties.with the above said direction, writ petition is disposed of. sd/- viju abraham judge cks wp(c) no.4687of 2024 4 appendix of wp(c) 4687/2024 petitioner exhibits exhibit-p 1 true copy of the tax receipt in connection with abvove property of the petitioner along with other properties 21.07.2023 exhibit-p2 true copy of the possession certificate exhibit-p3 true copy of the location plan issued by the fourth respondent dated exhibit-p4 true copy of the order dated 24.09.2021 issued by the 3rd respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 WP(C) NO. 4687 OF 2024 PETITIONER: BABUKUMAR,AGED 58 YEARS SON OF GOPALAN NAIR, VALLOPPALLIL HOUSE, MEVELLOOR P.O., VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686609 BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ MUHAMMED RASHID SUMITHA SIV RESPONDENTS:
1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM DISTRICT, REPRESENTED BY ITS CHAIRMAN, DISTRICT COLLECTOR, KOTTAYAM., PIN - 686002 2 THE DISTRICT COLLECTOR COLLECTORATE, KOTTAYAM, PIN - 686002 3 THAHASILDAR VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 68614 4 THE VILLAGE OFFICER VELLOOR VILLAGE, KOTTAYAM DISTRICT, PIN - 686609 5 THE DISTRICT GEOLOGIST COLLECTORATE KOTTAYAM DISTRICT, PIN - 686002 GP AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.4687of 2024 2
VIJU ABRAHAM, J.
W.P (C) No.4687 of 2024 Dated this the 7th day of February, 2024

JUDGMENT

Petitioner has approached this Court seeking a direction to the 5 th respondent to consider and dispose of application no.22 of 2022 submitted by him within a time limit to be fixed by this Court.

2. Petitioner contends that he is the owner of the property having an

extent of 13.74 Ares, comprising 7.89 Ares in survey no:770/6A-9, 2.02 Ares in survey no.770/7-3, 3.24 Ares in survey no.770/6A-4 and 0.59 Ares in survey no.770/8-2 of Velloor Village in Vaikom Taluk, Kottayam District. Petitioner further contends that the ordinary earth has been extracted and removed from the entire surrounding lands and hence his property is situated in a higher level of 5 to 8 metres from the surrounding lands without any lateral support in a table top condition and the same is lying in a dangerous condition. Petitioner submits that the neighbouring property owners have preferred complaint before the 3 rd respondent. The 3rd respondent as per Ext.P4 order directed the petitioner to remove the ordinary earth from his property by cutting benches after obtaining necessary permission from the 5th respondent. It is pursuant to the same

WP(C) No.4687of 2024 3

that the petitioner has approached the 5th respondent by filing an application to issue transit permit and transit passes for transportation of ordinary earth, which is seen received and pending before the 5 th respondent as file no.22 of 2022. Petitioner submits that a direction may be issued to the 5th respondent to finalise the proceedings on the application bearing no.22 of 2022.

3. Heard the learned Government Pleader also. After hearing both sides, I am inclined to dispose of the writ petition

with a direction to the 5 th respondent to consider and dispose of application no.22 of 2022 submitted by the petitioner within a period of one month from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and any other affected parties.

With the above said direction, writ petition is disposed of. Sd/- VIJU ABRAHAM JUDGE cks WP(C) No.4687of 2024 4 APPENDIX OF WP(C) 4687/2024 PETITIONER EXHIBITS Exhibit-P 1 TRUE COPY OF THE TAX RECEIPT IN CONNECTION WITH ABVOVE PROPERTY OF THE PETITIONER ALONG WITH OTHER PROPERTIES 21.07.2023 Exhibit-P2 TRUE COPY OF THE POSSESSION CERTIFICATE Exhibit-P3 TRUE COPY OF THE LOCATION PLAN ISSUED BY THE FOURTH RESPONDENT DATED Exhibit-P4 TRUE COPY OF THE ORDER DATED 24.09.2021 ISSUED BY THE 3RD RESPONDENT

Same Court & Year Kerala · 2024 Same Parties Babukumar vs The District Disaster Management Authority Same Judge Honourable Mr.Justice Viju Abraham