Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 15TH DAY OF MARCH 2023 / 24TH PHALGUNA, 1944 WP(C) NO. 6060 OF 2023 PETITIONERS:
1 ALIAS JOHN, AGED 64 YEARS, S/O JOHN, KUTTITHOTTATHIL HOUSE, MEKADAMBU P.O, MUVATTUPUZHA ERNAKULAM DISTRICT, PIN - 682316 2 SHYJAN PAUL, AGED 44 YEARS, S/O. P.M. PAULOSE, POYAKKATTIL HOUSE, THURUTHY P.O PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683545 3 SUGATHAN T.S, AGED 59 YEARS, S/O. SREEDHARAN THURUTHIPILLIL HOUSE, OORAMANA P.O KAYANAD, 4 AABEL BINSON, AGED 24 YEARS, S/O. BINU K. PAUL KALATHOORKUDIYIL HOUSE, OORAMANA, P.O, KAYANAD 5 HARSHAD PAUL, AGED 55 YEARS, S/O. PAULOSE POTHANANMKANDATHIL HOUSE, OORAMANA P.O, KAYANAD ERNAKULAM DISTRICT, PIN - 686663 6 JOSHI JOSEPH, AGED 59 YEARS, S/O. K.U JOSEPH KUTTITHOTTATHIL HOUSE, OORAMANA P.O KAYANAD, 7 SONU BABY, AGED 33 YEARS S/O. BABY K.P KALATHOORKUDIYIL HOUSE, OORAMANA P.O, KAYANAD ERNAKULAM DISTRICT, PIN - 686663 8 BABY K.P, AGED 65 YEARS S/O. PAILY KALATHOORKUDIYIL HOUSE, OORAMANA P.O, KAYANAD ERNAKULAM DISTRICT, PIN - 686663 9 ELDHOSE M.P, AGED 35 YEARS, S/O. PAULOSE MATTAPPILLIL HOUSE, OORAMANA P.O KAYANAD, 10 PAILY K.P, AGED 67 YEARS, S/O. PAULOSE KALATHOORKUDIYIL HOUSE, OORAMANA P.O, KAYANAD BY ADVS. ALIAS M.CHERIAN K.M.RAPHY BRISTO S PARIYARAM
W.P.(C) NO. 6060 OF 2023 2 VIVEK RADHAKRISHNAN ARUN C.S. RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPLE SECRETARY REVENUE DEPARTMENT, SECRETARIAT THIRUVANANATHPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION KAKKANAD, ERNAKULAM, PIN - 682030 3 THE REVENUE DIVISIONAL OFFICER, MINI CIVIL STATION, MUVATTUPUZHA ERNAKULAM DISTRICT, KERALA, PIN - 686673 4 THE TAHSILDAR, TALUK OFFICE, MUVATTUPUZHA ERNAKULAM DISTRICT, PIN - 686665 5 THE VILLAGE OFFICER, MARADY VILLAGE OFFICE, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686673 6 GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, KAKKANAD ERNAKULAM, PIN - 682030 7 THE SECRETARY, MARADY GRAMA PANCHAYATH MARADY P.O, MUVATTUPUZHA ERNAKULAM DISTRICT, PIN - 686673 8 THE CIRCLE INSPECTOR OF POLICE RAMAMANGALAM POLICE STATION, RAMAMANGALAM P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686663 9 SOMAN PONNAL @ P.V SOMAN, PONNAL HOUSE, KAYANAD, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686673 BY ADVS. PUBLIC PROSECUTOR Advs. AJAY BEN JOSE BINU PAUL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 6060 OF 2023 3
JUDGMENT
Petitioners have approached this Court seeking an order
quashing Ext.P2 building permit and Ext.P3 quarrying permit. The petitioners also seek for a direction to 6 th and 7th respondent to consider and pass orders on Exts.P5 and P6 petitions.
2. It is the case of the petitioners that the 9th respondent is
the owner of 11 acres of land on the shore of Muvattupuzha river and petitioners 1 and 2 are the owners of the adjoining property. The 9th respondent decided to excavate sand/soil from his property. The contention of the petitioners is that while undertaking excavation, they are attempting to remove river soil.
3. The 9th respondent submit that as per Ext.P2, he is permitted to remove 2656.08 cubic meter of ordinary earth and the same will come to 664 trucks of ordinary earth.
4. The contention of the petitioners is that permission
granted for construction of the cellar portion is being used to W.P.(C) NO. 6060 OF 2023 4 excavate soil from the property and they are highly aggrieved by the same. Petitioners submit that, they have represented before the 2nd respondent District Collector as per Ext.P4 and they prayed for a direction to the 2nd respondent from expeditious disposal of Ext.P4. After hearing both sides, the above writ petition is disposed of with a direction to the 2 nd respondent to consider and pass orders on Ext.P4 complaint preferred by the petitioners after affording an opportunity of heard to the petitioners as well as 9th respondent. While taking a decision as directed above, the District Collector shall obtain views of the 6 th and 7th respondent also. A decision in this regard shall be taken by the District Collector within a period of one month from the date of receipt of a copy of this judgment. Sd/- rps/ VIJU ABRAHAM, JUDGE W.P.(C) NO. 6060 OF 2023 5 APPENDIX OF WP(C) 6060/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PHOTOGRAPHS SHOWING THE FLOOD IN AND NEAR THE DISPUTED PROPERTY. Exhibit P2 TRUE COPY OF SITE APPROVAL AND PERMISSION NO. C2- BA(390972)/2022 DATED 09/12/2022 ISSUED IN THE NAME OF 9TH RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER NO. 642/2022 -23 - DOE/2935/E2/2022 DATED 14/02/2023 ISSUED BY THE 6TH RESPONDENT Exhibit P4 TRUE COPY OF PETITION DATED 15/02/2023 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE PETITION DATED 16/02/2023 SUBMITTED BEFORE THE 7TH RESPONDENT/SECRETARY Exhibit6 TRUE COPY OF THE PETITION DATED 17/02/2023 SUBMITTED BEFORE THE 6TH RESPONDENT/GEOLOGIST RESPONDENT EXHIBITS Exhibit R9(a). THE TRUE COPY OF THE LOCATION SKTCH ISSUED FROMT HE VILLAGE OFFICER MARADY VILLAGE DATED 13.12.2022. Exhibit R9(b). THE TURE COPY OF THE DEMARCATION CERTIFICATE ISSUED FROM THE VILLAGE OFFICER, MARADY VILLAGE DATED 13.12.2022. as Exhibit R9(c). THE TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED FROM THE DEPARTMENT OF FIRE AND RESCUE SERVICES, GOVERNMENT OF KERALA DATED 15.11.2022. Exhibit R9(d). THE TRUE COPY OF THE RECEIPT TOWARDS THE REMITTANCE OF ROYALTY AMOUNT DATED 06.02.2023. Ext R9(e). TURE COPY OF THE INJUNCTION ORDER IN O.S.NO.63/2023 OF THE MUNSIFF'S COURT, MUVATTUPUZHA DATED 24.03.2023. EXHIBIT R 7(a) TURE COPY OF LETTER DATED 28.02.2023 ISSUED BY THE 7TH RESPONDENT.