Mohammed Basheer vs Nannambra Grama Panchayat
2022 Latest Caselaw 2509 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                         WP(C) NO.22890 OF 2021
PETITIONER :-

            MOHAMMED BASHEER, AGED 60 YEARS
            S/O.IMBICHIBAVA, SHAJI COTTAGE,
            KARUVANTHURUTHI.P.O, FEROKE,
            KARUVANTHURUTHI VILLAGE, KOZHIKODE TALUK,
            KOZHIKODE DISTRICT.

            BY ADVS.
            P.M.ZIRAJ
            IRFAN ZIRAJ
            RIZWANA T.N
            MOHEMED FAVAS
            HASHARURAHIMAN U.


RESPONDENTS :-

    1       NANNAMBRA GRAMA PANCHAYAT
            NANNAMBRA.P.O, PIN-676 320,
            MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY.

    2       THE SECRETARY,
            NANNAMBRA GRAMA PANCHAYATH, NANNAMBRA.P.O,
            PIN-676 320, MALAPPURAM DISTRICT.

    3       THE DISTRICT COLLECTOR,
            CIVIL STATION, COLLECTORATE, MALAPPURAM DISTRICT,
            PIN-676 505.

    4       THE DISTRICT GEOLOGIST,
            DISTRICT OFFICE OF MINING ANG GEOLOGY,
            MALAPPURAM DISTRICT, PIN-676 121.

    5       THE DISASTER MANAGEMENT AUTHORITY,
            MALAPPURAM, COLLECTORATE, REPRESENTED BY ITS CHAIRMAN,
            DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE,
            MALAPPURAM DISTRICT, PIN-676 505.


            BY ADV SRI.ANOOP P.V., SC, NANNAMBRA GRAMA PANCHAYAT

            BY SMT.VINITHA B, SR. GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.22890 OF 2021

                                   -: 2 :-


                               JUDGMENT

Dated this the 4th day of March, 2022

It is submitted by the learned Government Pleader, on

instructions, that the District Collector is considering the issue

pursuant to a judgment of this Court dated 25.8.2021 in W.P.(C)

No.11109/2021. It is submitted that final orders have not been

passed.

In the above view of the matter, the petitioner may

approach the District Collector for orders with regard to removal of

the clay excavated from the petitioner's property. In case the

petitioner approaches the District Collector with a request for

orders with regard to transportation of the excavated clay, the

issue shall be considered along with the complaint raised by the

petitioner in W.P.(C) No.11109/2021 and appropriate orders shall

be passed, after hearing all concerned, including the petitioner and

the Panchayat, within a period of one month from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/5.3.2022 WP(C) NO.22890 OF 2021

APPENDIX OF WP(C) 22890/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AGREEMENT NO.5/2020 DATED 27.5.2020 IN CONNECTION WITH VATTACHIRA KUROOL THODU EXECUTED BY THE PETITIONER AND FIRST RESPONDENT

Exhibit P2 TRUE COPY OF THE AGREEMENT NO.6/20 DATED 27.5.2020 EXECUTED BETWEEN THE PETITIONER AND FIRST RESPONDENT REGARDING ALLOTMENT OF WORK OF MALAKKAD PALLIKKATHAZHAM THODU

Exhibit P3 TRUE COPY OF THE ORDER DATED 20.4.2021 ISSUED BY THE SECOND RESPONDENT IN CONNECTION WITH WORK OF MALAKKAD PALLIKKATHAZHAM THODU

Exhibit P4 TRUE COPY OF THE ORDER DATED 20.4.2021 ISSUED BY THE SECOND RESPONDENT IN CONNECTION WITH WORK OF VATTACHIRA KUROOL THODU

Exhibit P5 TRUE COPY OF THE CONSENT LETTER ISSUED BY MR.T.T.ALI TO THE PETITIONER WITHOUT DATED PERMITTING TO STACK THE CLAY AND WASTE IN HIS PROPERTY

Exhibit P6 TRUE COPY OF THE TEST RESULT OF SOIL SAMPLE DATED 11.5.2021 ISSUED BY THE ASSOCIATE PROFESSOR IN CIVIL ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, THRISSUR

Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 19.5.2021 ISSUED BY THE SECOND RESPONDENT TO THE FOURTH RESPONDENT

Exhibit P8 TRUE COPY OF THE REQUEST DATED 9.6.2021 SUBMITTED BY THE SECOND RESPONDENT BEFORE THE THIRD RESPONDENT

Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 16.8.2021 ISSUED BY THE FOURTH RESPONDENT TO THE SECOND RESPONDENT

Exhibit P10 TRUE COPY OF THE REQUEST LETTER SUBMITTED BY THE PETITIONER DATED 18.8.2021 BEFORE THE WP(C) NO.22890 OF 2021

SECOND RESPONDENT

Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 24.8.2021 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT

Exhibit P12 TRUE COPY OF ORDER OF THIRD RESPONDENT DATED 25.2.2020 DIRECTING THE CONCERNED SECRETARY OF GRAMA PANCHAYATH TO TAKE STEPS TO REMOVE CLAY, WASTE ETC.FROM WATER SOURCES.