Sachidhanandan.V.M vs State Of Kerala
2023 Latest Caselaw 918 Ker

Citation : 2023 Latest Caselaw 918 Ker
Judgement Date : 17 January, 2023

Kerala High Court

Sachidhanandan.V.M vs State Of Kerala on 17 January, 2023

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                 THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

         TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944

                              WP(C) NO. 35570 OF 2022

PETITIONER:

               SACHIDHANANDAN.V.M
               AGED 68 YEARS
               S/O.MADHAVAN, VAIKKATTIL HOUSE, PUTHUR.PO, THRISUR , PIN -
               680014

               BY ADVS.
               LEKSHMI S.SEKHER
               S.SUNIL KUMAR (PALAKKAD)
               B.JITHU
               FEMY M.ANTONY



RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
               DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN -
               695001

     2         PUTHUR GRAMA PANCHAYATH
               PUTHUR.PO, THRISUR 680014 . REPRESENTED BY ITS SECRETARY

     3         THE SECRETARY
               PUTHUR GRAMA PANCHAYATH, PUTHUR.PO, THRISUR, PIN - 680014

     4         THE DISTRICT GEOLOGIST
               DEPARTMENT OF MINING AND GEOLOGY, CHEMBUKKAV, THRISSUR , PIN -
               680020

     5         THE VILLAGE OFFICER
               PUTHUR VILLAGE OFFICE, MANNAMANGALAM ROAD, PUTHUR, THRISSUR
               PIN - 680014

               BY ADV SHRI.SANTHOSH P.PODUVAL, SC, PUTHUR GRAMA PANCHAYAT,

               B.S.SYAMANTHAK




      THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                  2




W.P.(C) No.35570 of 2022.




                            JUDGMENT

This writ petition is filed by the petitioner seeking a

direction to the 4th respondent to grant necessary

permission for levelling the excavated ordinary earth

stored in the property of the petitioner covered by Ext.P1

possession certificate. The petitioner says that Ext.P4

permit was issued by the 4 th respondent after site

inspection and when the petitioner took steps to remove

the earth on the basis of Ext.P4, he was prevented by

certain persons in the locality from removing the earth.

Later, a stop memo dated 29.10.2014 was issued by the

Village Officer against which the petitioner approached

this Court and this Court granted interim stay of the stop

memo. Later, the 4th respondent has issued Ext.P7 order

W.P.(C) No.35570 of 2022.

granting extension of time to the petitioner for removing

the excavated earth from the site. The petitioner

contends that in spite of Ext.P7, he is not permitted to

remove the excavated earth by the local residents. The

petitioner has filed this writ petition seeking inter alia

permission to remove the excavated earth based on

Ext.P4.

During the pendency of this writ petition, the

petitioner has filed I.A.No.1 of 2023 producing Ext.P10

representation submitted before the 4 th respondent

wherein he has stated that the excavated ordinary earth

stored in his property will not be removed out side the

property. He has also produced Ext.P11 affidavit

undertaking that he will not remove the excavated soil

outside his property. In view of the said undertaking, the

4th respondent shall consider Ext.P10 representation and

W.P.(C) No.35570 of 2022.

pass appropriate orders within a period of three weeks

from the date of receipt of a copy of this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

Raj.

17.01.2023.

W.P.(C) No.35570 of 2022.

APPENDIX OF WP(C) 35570/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO-4086/13 DATED 23.11.2013 ISSUED BY THE RESPONDENT NO-5 Exhibit P2 TRUE COPY OF THE BUILDING PERMIT NUMBER-A6-5139/2014 (636) DATED 24.06.2014 ISSUED BY THE RESPONDENT NO-3 Exhibit P3 TRUE COPY OF THE JUDGMENT IN WPC NO-

21037 OF 2014 DATED 13.08.2014 OF HONBLE HIGH COURT OF KERALA Exhibit P4 TRUE COPY OF THE ORDER NO-107/14-

15/2305/O.E/C2/TDO/14 DATED 23.10.2014 ISSUED BY THE RESPONDENT NO-4 Exhibit P5 TRUE COPY OF THE ORDER IN WPC NO-28805 OF 2014 DATED 31.10.2014 OF HONBLE HIGH COURT OF KERALA Exhibit P6 TRUE COPY OF COMPLAINT PREFERRED BEFORE THE CITY POLICE COMMISSIONER, THRISSUR CITY DATED 05.11.2014 Exhibit P7 TRUE COPY OF THE ORDER NO-146/14-

15/2305/O.E/C2/TDO/14 DATED 13.11.2014 ISSUED BY THE RESPONDENT NO-4 Exhibit P8 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT FOR THE FILE

W.P.(C) No.35570 of 2022.

NO-4000692/BPRL02/GPO/2022/4781 DATED 26.10.2022 ISSUED BY THE RESPONDENT NO-3 Exhibit P9 TRUE COPY OF THE RECEIPT NO-

1220300999/G080504 DATED 26.10.2022 ISSUED BY THE RESPONDENT NO-3 Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO-4 DATED 07.01.2023 Exhibit P11 TRUE COPY OF THE NOTARIZED AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO-4 DATED 09.01.2023 Exhibit P12 TRUE COPY OF THE RECEIPT NO-DOTHR-

DMG/108/2023-E DATED 09.01.2023 ISSUED FROM THE OFFICE OF THE RESPONDENT NO-4 Exhibit P13 TRUE COPY OF THE RECEIPT NO-