The Court considered challenges against indiscriminate sand excavation by the first petitioner in a connected suit. Noting the 6th respondent's undertaking to comply with specific permit conditions and maintain lateral support, the petitions were disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 1ST DAY OF OCTOBER 2013/9TH ASWINA, 1935
WP(C).No. 13834 of 2013 (D)
PETITIONER:
O. GOPAKUMAR, KUNNATHAYATH VEEDU, PATHRIKAL, PARAKADAVU, SOORANAD P.O, KOLLAM DISTRICT.
BY ADVS.SRI.V.PREMCHAND, SRI.SIJU RAJAN, SRI.V.TEKCHAND .
RESPONDENTS:
1. THE REVENUE DIVISIONAL OFFICER, KOLLAM-691 013.
2. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, KOLLAM DISTRICT -691 013.
3. THE SECRETARY, SOORANAD NORTH GRAMA PANCHAYATH, SOORANAD P.O, KOLLAM DISTRICT, PIN-690 526.
4. THE SUB INSPECTOR OF POLICE, SOORANAD POLICE STATION, KOLLAM DISTRICT -690 526.
5. THE VILLAGE OFFICER, SOORANAD NORTH, SOORANAD NORTH P.O, KOALLAM DISTRICT-690 561.
6. PARAMESWARAN NAIR, PARAMESWARATH VEEDU, PATHARICKAL, PARAVAKADU, SOORANAD NORTH P.O, KOLLAM DISTRICT, PIN-690 561.
R1,R2,R4 & R5 BY GOVERNMENT PLEADER SMT. K.T. LILLY, R3 BY ADV. SRI.K.SUBASH CHANDRA BOSE.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-10-2013, ALONG WITH W.P.(C).NO.20641/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv.
W.P.(C).NO.13834/2013-D:
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1:- | TRUE COPY OF THE COMPLAINT DTD. 28/5/2013 FILED BEFORE IST RESPONDENT. |
|---|---|
| EXT.P2:- | TRUE COPY OF THE COMPLAINT DTD. 28/5/2013 FILED BEFORE 4TH RESPONDENT. |
| EXT.P3:- | TRUE COPY OFTHE ACKNOWLEDGEMENT DTD. 28/5/2013. |
| EXT.P4:- | TRUE COPY OF THE ORDER DTD. 24/5/2013 ISSUED BY 2ND RESPONDENT. |
| EXT.P5:- | TRUE COPY OF THE PHOTOSTAT COPIES OF PHTOGRAPHS REVEALING INDISCRIMINATE REMOVAL OF SAND BY 6TH RESPONDENT. |
| EXT.P6:- | TRUE PHOTOSTAT COPIES OF PHOTOGRAPHS REVEALING INDISCRIMINATE REMOVAL OF SAND BY 6HT RESPONDENT. |
| EXT.P7:- | TRUE COPY OF THE ORDER DTD. 29/5/2013 PASSED BY THE 2ND RESPONDENT. |
| EXT.P8:- | TRUE COPY OF THE ORDER DTD. 6/4/2013 ISSUED BY THE ADDITIONAL TAHSILDAR, KOLLAM. |
RESPONDENTS' EXHIBITS:
| EXT.R3.A: | COPY OF THE RESOLUTION DTD. 10/05/2011 OF THE SOORANADU GRAMA PANCHAYATH. |
|---|---|
| EXT.R3.B: | COPY OF THE RESOLUTION OF THE PANCHAYAT DTD. 25/04/2012. |
| EXT.R3.C: | COPY OF THE NO OBJECTION CERTIFICATE ISSUED TO THE R.6 FOR PRODUCING BEFORE THE R.D.O. KOLLAM. |
//TRUE COPY//
P.S. TO JUDGE.
Prv.
P.R. RAMACHANDRA MENON, J.
W.P.(C)No.13834 & 20641 OF 2013
Dated this the 1st October, 2013
J U D G M E N T
The issues involved in both these cases are closely interlinked. WP.(C)No.13834 of 2013 is filed challenging the course and proceedings being pursued by the 6th respondent (who is the first petitioner in the connected case) by conducting large scale excavation of sand from his property without any regard to the specific terms and conditions stipulated in Ext.P8 order passed by the concerned Tahsildar, that too, without any regard to the lateral support to be maintained in respect of neighbouring property. This made the second respondent to consider the issue and Ext.P7 'stop memo' was issued accordingly.
“Heard. Admitted.
Issue urgent notice by Speed Post. Respondents 1 to 5 shall ensure that no
W.P.(C)No.13834 & 20641 OF 2013
2
activities be pursued by the 6th respondent on the basis of Ext.P4, if Ext.P7 order passed by the 2nd respondent still stands.
During the pendency of the above writ petition, the 6th respondent has approached this Court by filing W.P.(C)No.20641 of 2013 with the following prayers:
“1) to call for the records relating to Exhibit P1 to P5 and to issue a Writ of Mandamus directing the 2nd respondent to extend the period of Ext.P2 permit for removal of ordinary earth from 04.05 ares of property situated in Sy.No.266/16 in block No.1 of Sooranad South Village, Kunnathoor Taluk on the condition that the petitioners shall retain the lateral support on the boundary of 4th respondent's property leaving 5 meters from the boundary of the property.
2) to grant such other relief that this petitioner may pray for which this Honourable Court deems fit and proper to grant in the course of the proceedings.”
respondent in WP.(C)20641 of 2013. The learned Counsel for the petitioners in W.P.(C) No.20641 of 2013 submits that the
W.P.(C)No.13834 & 20641 OF 2013 3
petitioners have not pursued any activity contrary to the specific conditions and that they are ready to provide lateral support to the 4th respondent's property, also undertaking to comply with all the conditions in Ext.P2 order dated 06.04.2013 issued by first respondent (which is produced as Ext.P8 in WP.(C)13834 of 2013)
W.P.(C)No.13834 & 20641 OF 2013
4
Ext.P8 proceedings dated 06.04.2013 in W.P.(C)13834 of 2013, which shall be done at the earliest, at any rate, within one month
from the date of receipt of a copy of the judgment.
P.R.RAMACHANDRA MENON JUDGE
lk
P.R.RAMACHANDRA MENON JUDGE
lk
2 issues framed by the court
Whether excavation of sand from the petitioner's property can continue without strict adherence to the terms of the Tahsildar's order and lateral support conditions.
Whether the Court should permit continuation of earth removal activities subject to undertakings regarding lateral support and specific commencement timeline.
3 provisions across 1 enactments
O. GOPAKUMAR
THE REVENUE DIVISIONAL OFFICER, KOLLAM
PARAMESWARAN NAIR
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
