IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 05TH DAY OF JANUARY 2021/15TH POUSHA, 1942
WP(C).No.12197 OF 2020(Y)
PETITIONER:
S. JESURAJ, AGED 58 YEARS,
S/O.JESURAJ, SUPERIOR,
AVE MARIA MISSION CENTRE,
BROTHERS OF SACRED HEART, DEVIKULAM,
IDUKKI DISTRICT - 685613, MOBILE - 7736822031.
BY ADV. SRI.JOHNSON MANAYANI
RESPONDENTS:
1 THE VILLAGE OFFICER,
KANNAN DEVAN HILLS VILLAGE (K.D.H.),
DEVIKULAM P.O., IDUKKI DISTRICT - 685 613.
2 THE TAHSILDAR, DEVIKULAM TALUK,
DEVIKULAM P.O., IDUKKI DISTRICT - 685 613.
3 THE SPECIAL TAHSILDAR,
SPECIAL REVENUE OFFICE, MUNNAR,
MUNNAR P.O., IDUKKI DISTRICT - 685 626.
4 THE DISTRICT COLLECTOR,
COLLECTORATE, PAINAVU P.O.,
IDUKKI DISTRICT - 685 603.
5 THE SUB COLLECTOR, OFFICE OF THE SUB COLLECTOR,
DEVIKULAM P.O., IDUKKI DISTRICT - 685 613.
6 THE STATE OF KERALA,
REP. BY ITS SECRETARY TO REVENUE,
SECRETARIATE, THIRUVANANTHAPURAM - 695 001.
GOVERNMENT PLEADER SMT. RASHMI K.M.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.12197/2020
2
JUDGMENT
Dated this the 5th day of January, 2021 The petitioner has approached this Court aggrieved by Exts.P8 and P9. By Exts.P8 and P9, the petitioner was refrained from making any unauthorised construction in the land owned by him in survey No.20/1-2 in KDH Village, Devikulam Taluk.
2. The petitioner contends that due to landslide, huge quantity of soil and mud fell adjacent to his building, the removal of which is highly necessary for the safety of the building. On 25.06.2020 this Court passed an interim order directing the respondents to permit the petitioner to remove the slit and sand from the site in question specifically as provided in Ext.P7 permission without making any constructions or alterations in the building, within three weeks.
WP(C)No.12197/2020 3
3. The petitioner would submit that pursuant to the interim order of this Court, soil and mud were removed, but certain more quantity of soil and mud is remaining in the compound. The learned counsel for the petitioner would further submit that certain repair works are necessarily to be made to the building. The petitioner may be permitted to remove the remaining mud and repair the building.
4. The learned Government Pleader on the other hand contended that the petitioner had resorted to unauthorised construction without permission earlier and that was the circumstance under which Ext.P9 stop memo had to be issued. The intention of the petitioner is to make construction without permission. Therefore no relief need be granted to the petitioner.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.
WP(C)No.12197/2020 4
6. The landslide occurred in the year 2018 in the area, is not disputed. The grievance highlighted by the petitioner is that even after removing the soil and mud pursuant to the directions of this Court, some more soil/mud is remaining in the compound, removal of which is highly necessary for the safety of the property. The petitioner also has to make certain repairs to building, not amounting to construction or reconstruction. In the circumstances, this Court is of the opinion that the writ petition can be disposed of with appropriate directions.
7. Accordingly, the writ petitioner is permitted to make an application to the 3 rd respondent for removal of soil/mud from his compound. The 3 rd respondent shall consider such request and grant permission as is permissible under law. The petitioner may also make a proposal before the 3rd respondent describing the repairs proposed by the petitioner, to the building. If the proposal does not amount to construction or reconstruction or WP(C)No.12197/2020 5 material alteration of the building, the 3rd respondent shall permit the petitioner to carry out such repairs.
The writ petition is disposed of with the above directions.
Sd/-
N. NAGARESH JUDGE ncd WP(C)No.12197/2020 6 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DOCUMENT DT. 19.8.1991 OF SALE DEE NO.1528/91 OF SRO DEVIKULAM. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE FOR REMITTANCE OF BUILDING TAX FOR 2020-21 ISSUED BY THE DEVIKULAM GRAMA PANCHAYATH DT. 27.05.2020 EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S PROPERTY AND BUILDING - 5 IN NOS.
EXHIBIT P4 TRUE COPY OF THE DEATH CERTIFICATE OF M.ADIMAI @ ANTONY ADIMAI DT. 30.8.2018 ISSUED BY THE DEVIKULAM GRAMA PANCHAYATH.
EXHIBIT P5 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DT.3.9.2018 EXHIBIT P6 TRUE COPY OF THE PETITION FILED BY THE PETITIONER DT. 7.5.2019 BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DT. 07.2018 EXHIBIT P8 TRUE COPYO OF THE ORDER ISSUED BY THE 3RD RESPONDENT DT. 3.4.2020 TO THE PETITIONER EXHIBIT P9 TRUE COPY OF THE STOP MEMO ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DT.27.5.2020.
EXHIBIT P10 PHOTOGRAPHS OF THE PETITIONER'S BUILDING AND THE LAY AND LIE OF THE PROPERTIES.