Eliamma vs District Collector
2024 Latest Caselaw 10393 Ker

Kerala High Court

Eliamma vs District Collector on 11 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                       WP(C) NO. 36164 OF 2016
PETITIONER:
           ELIAMMA
           AGED 62 YEARS
           W/O.BABY, AGED .......YEARS, NEZHUVANKAL HOUSE,
           KEEZHILLAM P.O., MANNUR, ERNAKULAM DISTRICT, PIN-
           683541.

            BY ADVS.
            SRI.C.P.SAJI
            SMT.P.DEEPA MOHAN


RESPONDENTS:
     1     DISTRICT COLLECTOR
           COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-
           682030.
    2       THAHASILDAR
            TALUK OFFICE, KOTHAMANGALAM, PIN-686691.
    3       VILLAGE OFFICER
            VILLAGE OFFICE, NERIAMANGALAM, PIN-686693.
    4       THE GEOLOGIST
            DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE,
            ERNAKULAM, KOCHI-682030.
  ADDL.5    KAVALANGADU GRAMA PANCHAYATH
            REPRESENTED BY ITS SECRETARY, NELLIMATTOM P.O.,
            ERNAKULAM DISTRICT-686693.

            ADDL.R5 IS IMPLEADED VIDE ORDER DATED 17.11.2016 IN
            I.A.NO.18791/2016

            BY ADVS.
            GOVERNMENT PLEADER
            SRI.PEEYUS A.KOTTAM


OTHER PRESENT:

            SRI.B.S.SYAMANTAK, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.36164 of 2016


                                     2

                   P.V.KUNHIKRISHNAN,J.
               ---------------------
                  W.P (C) No.36164 of 2016
            ---------------------------
              Dated this the 11th day of April, 2024

                               JUDGMENT

This writ petition is filed with the following prayers:-

"i) to issue a writ of certiorari or any other appropriate writ or order or direction setting aside Exhibit P7 and P8 orders of the 2nd and 4th respondents.

ii) to issue a writ mandamus or any other appropriate writ or order or direction directing the 2 nd and 4th respondents to consider Exhibit P9 and P11 representations after affording a reasonable opportunity of being heard to the petitioner and conducting survey of the property of the petitioner covered by Exhibit P1 sale deed and to take a lawful decision on Exhibit P9 and P11 by the 2nd and 4th respondents without any delay.

iii) to issue a writ of mandamus or any other writ or order directing the respondents to permit the petitioner to level her property covered by Exhibit P1 sale deed for the construction of a residential building as per Exhibit P4 building plan and Exhibit P5 building permit by removing necessary ordinary earth from her property and

iv) to grant any other relief which are deemed necessary and sufficient in the fact and circumstances of the case of the petitioner." [SIC]

2. When this writ petition came up for consideration, the

learned counsel for the petitioner submitted that the petitioner

will be satisfied if a direction is issued to the 2 nd and 4th

respondents to consider Exts.P9 and P11 representations.

3. Heard the learned Government Pleader.

4. After hearing both sides, I think there can be a

direction to the 4th respondent to consider Ext.P11 within a time

frame.

Therefore, this writ petition is disposed of with the

following directions:-

a) The 4th respondent is directed to consider and pass appropriate orders in Ext.P11, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment on condition that the same is pending as on today.

b) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition with exhibits before the 4th respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng

APPENDIX OF WP(C) 36164/2016

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE PHOTOCOPY OF THE SALE DEED NO.6480/2012 KOF THE S.R.O., KOTHAMANGALAM DATED 15/10/2012 EXECUTED IN FAVOUR OF THE PETITIONER.

EXHIBIT P2 A TRUE PHOTOCOPY OF THE PETILTION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 05/06/2014, SEEKING PERMISSION FOR THE REMOVAL OF THE ORDINARY EARTH FROM HER PROPERTY.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE ORDER DATED 02/06/2014 OF THE 2ND RESPONDENT GRANTING PERMISSION TO REMOVE ORDINARY EARTH FROM THE PROPERTY OF THE PETITIONER.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE R5ESIDENTIAL BUILDING PLAN OF THE PETITIONER APPROVED BY THE SECRETARY, KAVALANGADU GRAMA PANCHAYATH.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE DATED 20/08/2015 ISSUED BY THE SECRETARY, KAVALANGADU GRAMA PANCHAYAT TO THE PETITIONER.

EXHIBIT P6 A TRUE PHOTOCOPY OF THE ORDER DATED 25/04/2016 OF THE 4TH RESPONDENT GRANTING PERMISSION TO THE PETITIONER FOR TRANSPORTING ORDINARY EARTH FOR A MAXIMUM AREA OF 10 CENTS FROM HER PROPERTY UNDER RULE 14(2) OF THE KERALA MINOR & MINERAL CORROSION RULES, 2015.

EXHIBIT P7 A TRUE PHOTOCOPY OF THE ORDER DATED 30/04/2016 OF THE VILLAGE OFFICE, NERIYAMANGALAM STOPPING THE REMOVAL OF E4ARTH FROM THE PETITIONER'S PROPERTY.

EXHIBIT P8 A TRUE PHOTOCOPY OF THE ORDER DATED 04/07/2016 OF THE 4TH RESPONDENT STOPPING THE REMOVAL OF EARTH FROM THE PETITIONER'S PROPERTY.

EXHIBIT P9 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 17/10/2016 SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P10 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 17/10/2016 SUBMITTED TO THE 3RD RESPONDENT.

EXHIBIT P11 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 17/10/2016 SUBMITTED TO THE 4TH RESPONDENT.