Annamma Thomas vs The Thazhakkara Grama Panchayath
2022 Latest Caselaw 3221 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                       WP(C) NO. 12781 OF 2021
PETITIONER:

          ANNAMMA THOMAS
          AGED 85 YEARS
          W/O THOMAS, KARAYAM VETTATHU HOUSE,
          THAZHAKKARAMURI, MAVELIKKARA,
          ALAPPUZHA DISTRICT

          BY ADV O.D.SIVADAS


RESPONDENTS:

    1     THE THAZHAKKARA GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY,
          THAZHAKKARA P.O.ALAPPUZHA DISTRICT, PIN-690 102.

    2     THE SECRETARY
          THAZHAKKARA GRAMA PANCHAYATH,
          THAZHAKKARA P.O.ALAPPUZHA DISTRICT, PIN-691 508.

          BY ADVS.
          ANITHA M.N. (EKM)
          RASHEED C.NOORANAD


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12781 OF 2021
                                           2


                                    T.R.RAVI, J.
                          ----------------------------------------
                           WP(C) NO.12781 OF 2021
                        -------------------------------------------
                   Dated this the 18th .day of March, 2022

                                 JUDGMENT

The petitioner has approached this Court challenging a condition

imposed in Ext.P2 development permit by limiting the quantity of

earth to be extracted from 10340.77 m3 to 1389 m3. The case of the

petitioner is that removing the reduced quantity earth will not serve

the purpose of construction. The counsel for the 1 st respondent

submits that the officers have already visited the site and convinced

themselves that the requirement stated by the petitioner is justified.

In the above circumstances, this writ petition is disposed of

directing the petitioner to resubmit the plan showing the correct

quantity of earth to be removed and on receipt of the same, the

Panchayat shall issue necessary orders. It is made clear that once the

permit is granted showing the amount of earth to be removed, all that

is necessary will be to apply for transit pass to remove the earth.

Sd/-

T.R.RAVI

JUDGE

sn WP(C) NO. 12781 OF 2021

APPENDIX OF WP(C) 12781/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION AND NON-

ATTACHMENT CERTIFICATE ISSUED BY THE VILLAGE OFFICER, THAZHAKKARA DATED 22.2.2020

Exhibit P2 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 13.4.2021 GRANTED BY THE 2ND RESPONDENT

Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF THE APPROVED PERMIT GRANTED BY THE 2BND RESPONDENT

Exhibit P4 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT EVIDENCING THE COLLECTION OF FEE

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE