Manikuttan vs The Disaster Management ...
2021 Latest Caselaw 12397 Ker

WP(C).No.9896 OF 2021(J)               1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE T.R.RAVI

    TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                       WP(C).No.9896 OF 2021(J)


PETITIONER:

               MANIKUTTAN
               AGED 56 YEARS
               S/O.NARAYANAN, NEENDUTHALAKKAL HOUSE,
               KUNDUKAD P.O., MADAKKATHRA VILLAGE,
               THRISSUR TALUK, THRISSUR DISTRICT.

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        THE DISASTER MANAGEMENT AUTHORITY
               THRISSUR, CIVIL STATION, THRISSUR,
               REP. BY ITS CHAIRMAN, DISTRICT COLLECTOR,
               THRISSUR PIN 680 020

      2        THE DISTRICT GEOLOGIST
               DEPARTMENT OF MINING AND GEOLOGY,
               DISTRICT OFFICE, THRISSUR DISTRICT,
               PIN 680 020

      3        THE DIRECTOR
               MINING AND GEOLOGY,
               OFFICE OF THE MINING AND GEOLOGY,
               KESAVADASAPURAM, PATTAM,
               THIRUVANANTHAPURAM 695 001.

      4        DISTRICT COLLECTOR
               COLLECTORATE, KALYAN NAGAR,
               AYYANTHOLE, THRISSUR
               PIN 680 003

      5        THE VILLAGE OFFICER
               MADAKATHARA VILLAGE,
               THRISSUR DISTRICT 680 651

               GOVT.PLEADER SRI B UNNIKRISHNA KAIMAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9896 OF 2021(J)              2




                                JUDGMENT

Dated this the 11th day of May 2021

Admit. Government pleader takes notice for the

respondents.

2. The petitioner who is the owner of 39.15 ares of

property comprised in survey numbers 1246/1, 1246/2 and

1246/3 of Madakkathara village in Thrissur taluk had applied for

permit to remove ordinary earth which had accumulated behind

this residential house during the floods and is a threat to this

residential building. It is stated that the application was filed on

7.11.2018 and that on 9.1.2019, the 3 rd respondent had issued

orders permitting the petitioner to remove the ordinary earth

situated dangerously. This was followed by subsequent orders

on 22.3.2019 and 6.5.2019, since the petitioner could not

remove the entire quantity of the ordinary earth. It is the case

of the petitioner that even though the validity of the permit was

extended on 6.5.2019, he could not remove the entire earth. In

the circumstances, he states that he submitted an application on

5.4.2021, which is produced as Exhibit P5 along with the writ

petition. Exhibit P6 is the receipt issued by the 2 nd respondent

evidencing the receipt of Exhibit P5 application. The only prayer

in the Writ Petition is that the 2nd respondent may be directed

to consider and pass orders on Exhibit P5 application at the

earliest, since the monsoon is fast arriving.

3. Heard.

4. Having regard to the limited prayer made in the Writ

petition, the 2nd respondent is directed to consider and dispose

of Exhibit P5 application in accordance with law, at the earliest,

at any rate within 6 weeks from the date of receipt of a copy of

this judgment.

The Writ petition is disposed of as above.

Sd/-

T.R.RAVI

JUDGE

dsn

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPIES OF TAX RECEIPT DATED 28.5.2020 ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT P2 TRUE PHOTOGRAPHS OF THE HEAP OF EARTH STACKED BEHIND THE HOUSE OF THE PETITIONER IN DANGEROUS CONDITION.

EXHIBIT P3 TRUE COPY OF THE RECEIPT NO.K1/113138/18 DATED 7/11/2018.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 6/5/2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 5/4/2021 SUBMITTED BY PETITIONER BEFORE SECOND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 5/4/2021 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER REGARDING RECEIPT OF EXHIBIT P5 APPLICATION.