Kerala High Court
Sadasivan vs State Of Kerala on 20 June, 2025
2025:KER:44229
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA,
1947
WP(C) NO. 22668 OF 2025
PETITIONERS:
SADASIVAN
AGED 56 YEARS
S/O THAPASI NADAR,KURICHIPAZHINJI KIZHAKKE
PUTHAN VEEDU, KURUVADU, KOTTAKKAL P.O,
ANAVOOR VILLAGE, NEYYATTINKARA TALUK,
THIRUVANTHAPURAM, PIN - 695 521
BY ADVS.
SHRI.ARUN V.G. (K/795/2004)
SMT.V.JAYA RAGI
SHRI.R.HARIKRISHNAN (KAMBISSERIL)
SRI.NEERAJ NARAYAN
SMT.SREELAKSHMI J PILLAI
SMT.A.S.SALMA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY DIRECTOR, DEPARTMENT OF
MINING & GEOLOGY, GOVERNMENT OF KERALA,
DIRECTORATE OF MINING & GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O,
THIRUVANANTHAPURAM, PIN - 695 004
2 STATE POLICE CHIEF (DGP LAW & ORDER)
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695 010
3 CHAIR PERSON
KERALA STATE DISASTER MANAGEMENT AUTHORITY,
VIKAS BHAVAN, P.O, OBSERVATORY HILLS,
WP(C)No.22668 of 2025
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2
OPPOSITE KANAKAKKUNNU PALACE, NANTHANCODU,
THIRUVANANTHAPURAM, KERALA, PIN - 695 033
4 DISTRICT GEOLOGIST
THIRUVANANTHAPURAM DISTRICT, DEPARTMENT OF
MINING & GEOLOGY, GOVERNMENT OF KERALA,
DIRECTORATE OF MINING & GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O,
THIRUVANANTHAPURAM, PIN - 695 004
5 DISTRICT POLICE CHIEF
THIRUVANANTHAPURAM RURAL, OFFICE OF THE
DISTRICT POLICE CHIEF, UNIVERSITY OF KERALA
- SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695 033
6 DEPUTY SUPERNATANT OF POLICE
OFFICE OF DEPUTY SUPERNATANT OF POLICE
NEYYATTINKARA, THIRUVANANTHAPURAM,
PIN - 695 121
7 KUNNATHUKAL GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KARAKONAM P.O,
THIRUVANANTHAPURAM, PIN - 695 504
8 THE SECRETARY
KUNNATHUKAL GRAMA PANCHAYATH KARAKONAM P.O,
THIRUVANANTHAPURAM, PIN - 695 504
9 VINAYADHANAN
AGED 38 YEARS
S/O DURYODHARAN, , VINAYA BHAVAN, KURUVADU,
KOTTAKAL P.O, ANAVOOR VILLAGE, NEYYATTINKARA
TALUK, THIRUVANTHAPURAM, PIN - 695 124
SMT.DEEPA NARAYANAN, SR. GP,
SRI.SUMAN CHAKRAVARTHY, SC FOR R7 & R8
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)No.22668 of 2025
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3
JUDGMENT
(Dated this the 20th day of June, 2025)
The petitioner is seriously aggrieved by the
illegal excavation being conducted on his adjoining land
by the 9th respondent. Petitioner's primary contention is
that the excavation endangers the lateral support of his
property. A suit is pending, and an interim order of
injunction was passed. Even thereafter the excavation
continued, is the allegation made. Hence, the petitioner
approached this Court, and based on the judgment passed
in a Writ Petition, the authority concerned imposed a fine
of Rs.4,52,800/-. The petitioner also canvas a contention
that, permit was granted to the 9 th respondent without
any NOC from the 8 th respondent, Panchayath and
therefore, invalid. On various grounds, petitioners
preferred Ext.P18 representation/complaint before the 8 th
respondent/Panchayath and the same has not been
considered so far, is the grievance.
2. Having heard the learned Counsel for the
petitioner, the learned Standing Counsel for the
Panchayath and also the learned Government Pleader,
this Court directs the 8th respondent, Panchayath to
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consider Ext.P18 in accordance with law, expeditiously, at
any rate, within a period of two weeks from the date of
receipt of a copy of this judgment. The petitioner will
produce a copy of this judgment before the 8 th
respondent, Panchayath for necessary compliance.
Accordingly, the writ petition is disposed of.
Sd/-
C. JAYACHANDRAN
JUDGE
AKH
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APPENDIX OF WP(C) 22668/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S
NO. 489 OF 2024 ON THE FILES OF THE
MUNSIFF COURT, NEYYATTINKARA
EXHIBIT P2 THE TRUE COPY OF THE ORDER PASSED BY
THE MUNSIFF COURT, NEYYATTINKARA
DATED 30.05.2024 IN I. A NO. 1 OF
2024 IN O.S 489 OF 2024
EXHIBIT P3 THE TRUE PHOTOGRAPH OF THE
EXCAVATION SITE OF 7TH RESPONDENT
AND THAT OF THE PROPERTY AND
BOUNDARY WALL OF THE PETITIONERS'
EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT
FORWARDED BY THE PETITIONER TO
DIRECTOR MINING AND GEOLOGY
DEPARTMENT DATED 05.06.2024
EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT
ACKNOWLEDGEMENT RECEIPT ISSUED BY
THE DEPARTMENT OF MINING AND GEOLOGY
DATED 05.06.2024
EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT
FORWARDED BY THE PETITIONER TO STATE
POLICE CHIEF DATED 05.06.2024
EXHIBIT P7 THE TRUE COPY OF THE COMPLAINT
ACKNOWLEDGEMENT RECEIPT ISSUED BY
THE OFFICE OF STATE POLICE CHIEF
DATED 05.06.2024
EXHIBIT P8 THE TRUE COPY OF THE COMPLAINT
FORWARDED BY THE PETITIONER TO CHAIR
PERSON, KERALA STATE DISASTER
MANAGEMENT AUTHORITY DATED
05.06.2024
EXHIBIT P9 THE TRUE COPY OF THE COMPLAINT
ACKNOWLEDGEMENT RECEIPT ISSUED BY
THE OFFICE OF STATE DISASTER
MANAGEMENT AUTHORITY DATED
05.06.2024
EXHIBIT P10 THE TRUE COPY OF THE COMPLAINT
FORWARDED BY THE PETITIONER TO
DISTRICT GEOLOGIST,
THIRUVANANTHAPURAM DATED 05.06.2024
EXHIBIT P11 THE TRUE COPY OF THE COMPLAINT
ACKNOWLEDGEMENT RECEIPT ISSUED BY
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THE DEPARTMENT OF MINING AND GEOLOGY
DATED 05.06.2024 ALONG WITH TYPED
COPY
EXHIBIT P12 THE TRUE COPY OF THE COMPLAINT DATED
05.06.2024 FILED BY PETITIONER TO
DISTRICT POLICE CHIEF
EXHIBIT P13 THE TRUE COPY OF THE COMPLAINT DATED
31.05.2024 FILED BY PETITIONER TO
DEPUTY SUPERNATANT OF POLICE
NEYYATTINKARA
EXHIBIT P14 THE TRUE COPY OF THE COMPLAINT
ACKNOWLEDGEMENT RECEIPT DATED
05.06.2024 ISSUED BY OFFICE OF
DISTRICT POLICE CHIEF
EXHIBIT P15 THE TRUE COPY OF THE COMPLAINT
ACKNOWLEDGEMENT RECEIPT DATED
31.05.2024
EXHIBIT P16 A TRUE COPY OF THE JUDGMENT DATED
18.06.2024 PASSED BY THIS HON'BLE
COURT IN WPC NO. 21145 OF 2024
EXHIBIT P17 A TRUE COPY OF THE ORDER DATED
13.09.2024 BEARING
NO.DOTHI-DMG/743/2024-E
EXHIBIT P18 A TRUE COPY OF THE REPRESENTATION
DATED 19.10.2024 FILED BY THE
PETITIONER BEFORE THE SECRETARY,
KUNATHUKAL GRAMA PANCHAYATH
