Kerala High Court
Anil Kumaran vs The State Of Kerala on 24 January, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
2025:KER:5624
WP(C) NO. 40890 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
WP(C) NO. 40890 OF 2024
PETITIONERS:
1 ANIL KUMARAN
AGED 26 YEARS, S/O. KUMARAN, POKATTU HOUSE,
KUMARAPURAM P.O., ERNAKULAM, PIN - 683565.
2 DEEPU CHELLAPPAN,
S/O. CHELLAPPAN, PAKATTU HOUSE, KUMARAPURAM P.O.,
CHAKOTHUMALA, ERNAKULAM, PIN - 683565.
3 SAJIL KODANGALI,
S/O. KODANGALI, POKATTU HOUSE, KUMARAPURAM P.O.,
ERNAKULAM, PIN - 683565.
4 KUMARI KRISHNAN,
W/O. KRISHNAN, KOLLANGUDI HOUSE, KUMARAPURAM P.O.,
ERNAKULAM, PIN - 683565.
5 SUMATHI KRISTHURAJ,
W/O. KRISTHURAJ, PUTHUPARAMBIL HOUSE, KUMARAPURAM
P.O., ERNAKULAM, PIN - 683565.
6 AJITHA PALLI,
W/O. SURESH, POKATTU HOUSE, KUMARAPURAM P.O.,
ERNAKULAM, PIN - 683565.
7 ANEESHA SAJI,
W/O. SAJI CHERUPARA HOUSE, KUMARAPURAM P.O.,
ERNAKULAM, PIN - 683565.
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WP(C) NO. 40890 OF 2024
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8 AMMINI THANGAPPAN ,
W/O. THANGAPPAN POKATTU HOUSE, KUMARAPURAM P.O.,
ERNAKULAM, PIN - 683565.
BY ADVS.
TERRY V.JAMES
MILEN ZACHARIAH JOHN
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DISTRICT COLLECTOR, ERNAKULAM,
ERNAKULAM CIVIL STATION, KAKKANAD, ERNAKULAM,
PIN - 682030.
3 THE DIRECTORATE OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR,
PIN - 695004.
4 THE DISTRICT GEOLOGIST,
MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 682030.
5 THE TAHSILDAR,
KUNNATHUNAD TALUK, KUNNATHUNAD TALUK OFFICE,
POOPPANI ROAD, PERUMBAVOOR, ERNAKULAM,
PIN - 683543.
6 THE VILLAGE OFFICER,
KUNNATHUNADU VILLAGE OFFICE, KUMARAPURAM,
PALLIKKARA, ERNAKULAM, PIN - 683565.
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WP(C) NO. 40890 OF 2024
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7 KUNNATHUNAD GRAMA PANCHAYATH,
KUNNATHUNAD GRAMA PANCHAYATH OFFICE, KAKKANAD-
PALLIKKARA ROAD, PALLIKKARA, ERNAKULAM,REPRESENTED
BY ITS SECRETARY, PIN - 683565.
8 THE SECRETARY,
KUNNATHUNAD GRAMA PANCHAYATH, KUNNATHUNAD GRAMA
PANCHAYATH OFFICE, KAKKANAD-PALLIKKARA ROAD,
PALLIKKARA, ERNAKULAM, PIN - 683565.
9 THE NATIONAL CENTRE FOR EARTH SCIENCE STUDIES,
ULLOOR - AKKULAM ROAD, AAKKULAM,
THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR,
PIN - 695011.
BY ADVS.
ABRAHAM P.MEACHINKARA PAILY MEACHINKARA
KRISHNA T C
SRI.RAJEEV JYOTHISH GEORGE, GP.
SRI.ACHUTH KRISHNA, CGC.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 40890 OF 2024
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T.R. RAVI, J.
--------------------------------------------
W.P.(C) No.40890 of 2024
--------------------------------------------
Dated this the 24th day of January, 2025
JUDGMENT
The petitioners are the residents of Chakothumala
colony. It is stated that there are about 30 houses in the
colony with about 120 people living there. The grievance of
the petitioners is that due to large scale soil excavation in the
Chakothumala, the residents of the colony and the building
situated therein are at the risk of imminent landslide. It is
stated that landslide had occurred in the year 2017-18 and
thereafter during every monsoon the residents are facing
issues. It is stated that in 2019 about 30 families from the
colony were moved to a relief camp during the monsoon.
2. The petitioners submit that large scale sand
excavation is being done from May, 2024 onwards and that a
landslide had occurred in July, 2024 which is evidenced by
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WP(C) NO. 40890 OF 2024
Ext.P3 report in the Mathrubhumi daily. A petition has been
submitted before the Mining and Geology Office at Kakkanad
with copy to the District Collector, Ernakulam, the Village
Officer, Kunnathunadu Village and the Secretary of the
Kunnathunadu Grama Panchayat by the residents and the
petitioners seek an early disposal of the same.
3. Pending the writ petition the counsel for the
9th respondent was asked to get instruction whether the 9 th
respondent will be able to do a scientific study regarding the
aspects complained of. The counsel for the 9 th respondent has
reported that the 9th respondent does not have the expertise
to carry out such a study.
In the above circumstances, this writ petition is
disposed of directing the 2nd respondent, in his capacity as the
Chairperson of the District Disaster Management Authority,
to consider Ext.P4 application and take necessary action as is
required, keeping in mind the aspects pointed out in this
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WP(C) NO. 40890 OF 2024
judgment. Necessary action shall be taken at the earliest, at
any rate, within six months from the date of receipt of a copy
of this judgment. The period of six months stated above is an
outer limit and all efforts shall be taken to complete, if
possible, before the expiry of six months. The petitioners shall
produce a copy of this judgment along with a copy of the writ
petition before the 2nd respondent for compliance.
Sd/-
T.R.RAVI
JUDGE
mpm
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WP(C) NO. 40890 OF 2024
APPENDIX OF WP(C) 40890/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF REPORT DATED 1.5.2024 IN
MANORAMA ONLINE.
Exhibit P2 TRUE COPY OF REPORT DATED 1.5.2024 IN
KERALA KAUMUDI.
Exhibit P3 TRUE COPY OF NEWS REPORT PUBLISHED IN THE
MATHURBHUMI DAILY ON 18.7.2024.
Exhibit P4 TRUE COPY OF REPRESENTATION DATED
20.7.2024 GIVEN BY THE PETITIONERS TO THE
2ND, 4TH, 6TH & 8TH RESPONDENT.
