Kerala High Court
Hamsakutty M.K vs The District Geologist on 3 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
2024:KER:73380
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 1691 OF 2024
PETITIONER:
HAMSAKUTTY M.K.,
AGED 62 YEARS
S/O K.M. KASIMKUNJU, THEKKEMAVUNGAMANNIL HOUSE,
NARANGANAM NORTH P.O., CHERUKOLE VILLAGE, RANNI
TALUK, PATHANAMTHITTA, PIN - 689642
BY ADVS.
S.SHANAVAS KHAN
S.INDU
KALA G.NAMBIAR
RESPONDENTS:
1 THE DISTRICT GEOLOGIST,
OFFICE OF THE DISTRICT GEOLOGIST, NEAR KENDRIYA
VIDYALAYA KIP BUILDING, ADOOR P.O.,
PATHANAMTHITTA, PIN - 691523
2 THE VILLAGE OFFICER,
CHERUKOLE VILLAGE OFFICE, RANNI TALUK,
PATHANAMTHITTA, PIN - 689642
3 THE CHERUKOLE GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, KATTOOR P.O,
KOZHENCHERRY,CHERUKOLPUZHA - RANNI ROAD,
KATTOOR ,CHERUKOLE, PATHANAMTHITTA,, PIN - 689650
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WP(C) NO.1691 OF 2024
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4 THE SECRETARY,
CHERUKOLE GRAMA PANCHAYAT,KATTOOR P.O,
KOZHENCHERRY, CHERUKOLPUZHA - RANNI ROAD,
KATTOOR, CHERUKOLE, PATHANAMTHITTA, PIN - 689650
5 REHANA SALIM SHAH,
W/O SALIM SHAH,THEKKEMAVUNGAMANNIL
HOUSE,NARANGANAM NORTH P.O.,CHERUKOLEVILLAGE,
RANNI TALUK, PATHANAMTHITTA, PIN - 689642
BY ADVS.
SMT. VIDYA KURIAKOSE - GOVERNMENT PLEADER
SRI. C.S.MANILAL - STANDING COUNSEL
MUHAMMAD JASHEEN J.
SAYED MANSOOR BAFAKHY THANGAL(K/001322/2018)
RAJEEV A.R.(K/87/2021)
S.NIDHEESH(K/1061/2007)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.1691 OF 2024
3
JUDGMENT
The petitioner claims to be the owner in possession of
9.71 Ares of landed property situated in Survey No.250/7-2
of Cherukole Village. According to the petitioner, he started
construction of a residential building in the property after
obtaining Ext.P3 building permit and Ext.P4 building plan
from the 3rd respondent. The grievance of the petitioner is
that the respondent Nos. 1, 3 and 4 are not permitting him
to carry out the construction. It is in these circumstances,
the petitioner has approached this Court.
2. I have heard Smt. S. Indu, the learned counsel
appearing for the petitioner, Smt. Vidya Kuriakose, the
learned Government Pleader, Sri. C. S. Manilal, the learned
Standing Counsel for the 3rd and 4th respondents and Sri.
Muhammad Jasheen, the learned counsel for the 5 th
respondent.
3. Exts.P3 and P4 would show that the petitioner has
obtained the valid permit and plan from the local authority
to construct the residential house in his property. According
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to the petitioner, the 3rd and 4th respondents are not
permitting him to carry out the construction on the strength
of Exts.P3 and P4. The learned Standing Counsel for the 3 rd
and 4th respondents submitted that the Panchayath has
never obstructed the petitioner to carry out the construction
of the building in his property as per Exts.P3 and P4. The
learned Standing Counsel further submitted that they have
no intention to obstruct the construction also, provided the
construction is in accordance with Exts.P3 and P4.
4. The learned Government Pleader made available to
me the judgment of this Court in W.P.(C) No. 1477/2024
between the petitioner and the respondents. The said
judgment was relating to a demand notice issued by the 1 st
respondent to the petitioner directing him to pay a sum of
Rs.89,200/- towards royalty and fine, alleging illegal
excavation and removal of earth from his land contrary to
the provisions of the Mines and Minerals (Development and
Regulation) Act and Rules. The challenge against the said
notice failed and the Writ Petition was dismissed. It is
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WP(C) NO.1691 OF 2024
submitted that the said judgment has become final. Thus, it
has been brought to the notice of this Court that on earlier
occasion, the petitioner had illegally excavated and removed
earth from his land and an action has been initiated against
him. Taking into account all these facts, this Writ Petition is
disposed of as follows:
i. The respondent Nos.3 and 4 shall not obstruct the
petitioner from carrying out construction of the
residential building in the property on the strength of
Exts.P3 and P4.
ii. The petitioner shall construct the building in
accordance with Exts.P3 and P4.
iii. However, it is made clear that the petitioner shall take
necessary permission, in accordance with law, if he
wants to excavate and remove earth from his property.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
2024:KER:73380
WP(C) NO.1691 OF 2024
APPENDIX OF WP(C) 1691/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.
770/16 DATED 04/08/2016 OF RANNI SRO
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
04/08/2023 ISSUED BY THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE BUILDING PERMIT DATED
31/01/2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P4 TRUE COPY OF THE APPROVED BUILDING PLAN
Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED
20/12/2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED
22/09/2017 OF THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE INJUNCTION ORDER DATED
23/08/2023 IN I.A NO.1/2023 IN O.S
NO.116/2023 OF THE HON'BLE MUNSIFF
COURT, RANNI
RESPONDENTS' EXHIBITS: NIL
