Sreedevi vs State Of Kerala
2021 Latest Caselaw 7289 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                      WP(C).No.25739 OF 2020(N)


PETITIONERS:

      1        SREEDEVI
               AGED 49 YEARS
               W/O. LATE SIVAN, KAYYALAKKAKATH HOUSE,
               MEMMURY VILLAGE, OORAMANA P.O. PIN-686 663.

      2        ANUMOL,
               AGED 28 YEARS
               D/O. LATE SIVAN, KAYYALAKKAKATH HOUSE, MEMMURY
               VILLAGE, OORAMANA P.O. PIN-686 663.

      3        ASWATHY,
               AGED 27 YEARS
               D/O. LATE SIVAN, KAYYALAKKAKATH HOUSE,
               MEMMURY VILLAGE, OORAMANA P.O. 686 663.

               BY ADV. SRI.IEANS.C.CHAMAKKALA

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY ,
               LOCAL SELF GOVERNMENT DEPARTMENT,
               GOVT SECRETARIAT, THIRUVANANTHAPURAM 695 004.

      2        DISTRICT COLLECTOR,
               ERNAKULAM, MINI CIVIL STATION, KAKKANAD, 682 030.

      3        THE REVENUE DIVISIONAL OFFICER,
               MUVATTUPUZHA, MINI CIVIL STATION,
               MUVATTUPUZHA 686 669.

      4        THE TAHASILDAR, TALUK OFFICE,
               MUVATTUPUZHA, MINI CIVIL STATION,
               MUVATTUPUZHA 686 669.

      5        VILLAGE OFFICER,
               MEMMURY VILLAGE OFFICE, MEMMURY 686 667.
 WP(C).No.25739 OF 2020(N)

                               2



      ADDL. *RAMAMANGALAM PANCHAYATH,
      R6    RAMAMANGALAM, 686 663, REP BY ITS SECRETARY.

             (ADDL.R6 IS IMPLEADED AS PER ORDER DATED 09.02.2021
             IN I.A.NO.1/2021)

      ADDL. *GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY
      R7     KAKKANAD, PIN 686 020

             (ADDL.R7 IS IMPLEADED AS PER ORDER DATED 18.02.2021
             IN I.A.NO.2/2021)

OTHER PRESENT:

             SMT.PRINCY XAVIER, GP,
             SRI.K.S.ARUN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25739 OF 2020(N)

                                          3


                             J U D G M E N T

The petitioners are aggrieved by the dangerous

position of their residential building, because of

the lie of the adjacent properties in northern and

eastern boundaries in a higher level stating that it

is likely to fall down on their house endangering

the life of the petitioners. Petitioners have filed

this writ petition seeking a direction to

respondents 2 to 5 to permit them to remove the soil

from the eastern and northern side of their

residential building, pointing out that they had

already submitted complaints before the RDO and

Exts.P5 to P7 reports were already furnished

recommending removal of soil from the adjacent

properties.

2. The learned Government Pleader submitted

that since soil has to be removed permission from

the Geologist is necessary. It is also stated that

the RDO had called for a report from the Panchayath

and the same has not been received. WP(C).No.25739 OF 2020(N)

3. As the petitioners have been before the

authorities for the last several years pointing out

the dangerous condition in which the residential

building is situated, there shall be a direction to

the Revenue Divisional Officer to take further

follow up action on Ext.P4 complaint submitted by

the petitioners. The RDO would be free to call for

or obtain consent from the Geologist for removal of

the soil. The Panchayath shall submit a report

before the RDO, which is already called for by the

RDO. As the matter is pending since the year 2018,

entire proceedings shall be completed at the

earliest, at any rate, within a period of 'three

months' from the date of receipt of a copy of the

judgment.

The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.25739 OF 2020(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE SETTLEMENT DEED NO. 2907/2013 F PIRAVOM SRO DT.

30.12.13.

EXHIBIT P2 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 26/4/2019 ISSUED FROM MEMMURY VILLAGE OFFICE.

EXHIBIT P3 HE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONERS FROM MEMMURY VILLAGE OFFICE DATED 21.12.218.

EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE 3RD RESPONDENT DATED 14.08.2018

EXHIBIT P5 THE TRUE COPY OF THE REPORT FORWARDED BY THE 5TH RESPONDENT TO THE OFFICE OF THE 4TH RESPONDENT DATED 23.11.18.

EXHIBIT P6 THE FORWARDING LETTER ISSUED BY THE 4TH RESIDENT TO THE OFFICE OF THE 3RD RESPONDENT DATED 10.12.2018.

EXHIBIT P7 THE FORWARDING LETTER ISSUED BY THE 3RD RESPONDENT TO THE OFFICE OF THE 2ND RESPONDENT DT. 1/1/19.

EXHIBIT P8 THE PHOTOGRAPHS SHOWING THE DANGEROUS POSITION OF THE LANDS IN THE NORTHERN AND EASTERN BOUNDARIES OF THE PETITIONER'S RESIDENTIAL BUILDING.