Joji Philip vs State Of Kerala
2023 Latest Caselaw 8446 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                    WP(C) NO. 25785 OF 2023
PETITIONER:

         JOJI PHILIP
         AGED 34 YEARS
         S/O PHILIP EASO, KUNNAMKATTIL HOUSE,
         UTHIMOODU PO, CHERUKOL, PATHANAMTHITTA,
         PATHANAMTHITTA DISTRICT, PIN - 689672

         BY ADVS.
         ARUN MATHEW VADAKKAN
         K.X.JOSEPH
         N.CHERIAN KURIAN
         STEFFY V.J.
         JOHNY K. JOHN


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY CHIEF SECRETARY,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
    2    THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
         REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
         COLLECTORATE,CIVIL STATION ROAD,
         PATHANAMTHITTA DISTRICT, PIN - 689645
    3    THE CHAIRMAN,
         THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
         COLLECTORATE, CIVIL STATION ROAD,
         PATHANAMTHITTA, PIN - 689645
    4    THE DISTRICT COLLECTOR,
         PATHANAMTHITTA, CIVIL STATION ROAD,
         COLLECTORATE, PATHANAMTHITTA DISTRICT - 689645
 WP(C) No.25785 of 2023



                          2


    5     THE GEOLOGIST,
          DISTRICT OFFICE, DEPARTMENT OF MINING AND
          GEOLOGY, NEAR KENDRIYA VIDYALAYA, ADOOR PO,
          PATHANAMTHITTA DISTRICT, PIN - 691523


          SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 07.08.2023, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No.25785 of 2023



                             3




                          JUDGMENT

Dated this the 7th day of August, 2023

The petitioner is aggrieved by the imminent threat of

disaster arising from landslip close to his property.

2. The petitioner states that he is owner of 2.1 Ares of

land in Re-Survey No.544/4-2 in Ranni Village, Ranni Taluk of

Pathanamthitta District. There is an earth cutting standing in

the property of the petitioner. The earth is dangerously

standing adjacent to the petitioner's residential building. It is

likely to collapse at any time. Therefore, the petitioner

submitted Ext.P2 representation to the 4 th respondent-District

Collector seeking permission to take remedial action. The

District Collector has not responded to Ext.P2. Unless the

District Collector takes appropriate steps immediately, the

petitioner will be put to untold hardship and agony. WP(C) No.25785 of 2023

3. I have heard the learned counsel for the petitioner

and the learned Senior Government Pleader representing the

respondents.

4. Ext.P4 photographs would show that there is a

steep earth mass situated adjacent to the residential building

of the petitioner. Ext.P4 photographs would show that the land

has already started to slip. The petitioner has submitted

Ext.P2 representation before the District Collector. Ext.P3 is

the receipt in proof of submission of Ext.P2 representation.

5. Taking into consideration the entire facts and

circumstances of the case, I am of the view that the District

Collector, being the Chairman of the District Disaster

Management Authority, has to take appropriate decision on

Ext.P2 representation submitted by the petitioner.

The writ petition is therefore disposed of directing the

4th respondent-District Collector to cause such enquiries as is

necessary and consider Ext.P2 representation of the WP(C) No.25785 of 2023

petitioner and take appropriate decision thereon, within a

period of one month.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.25785 of 2023

APPENDIX OF WP(C) 25785/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY VILLAGE OFFICE, RANNI DATED 25.07.2023 Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 26.07.2023 Exhibit P3 TRUE COPY OF THE RECEIPT DATED 26.07.2023 EVIDENCING THE ACCEPTANCE OF EXT.P2 ISSUED FROM THE OFFICE OF 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE PHOTOGRAPHS OF THE EARTH CUTTING