Disposed

Narayanan, v. the Tahsildar

Kerala HC19 Feb 2021WP(C)/174/2020

Case brief

AI extract

What is this about?

Petitioner, a land owner ordered to remove earth, challenged a stop memo issued by the Village Officer alleging excess removal beyond a Geologist's permit. The High Court directed the Geologist to inspect the site, verify earth removal quantity, and pass appropriate orders within two weeks, maintaining status quo until then.

What did the court decide?

Petitioner directed to submit to inspection by Geologist who must verify earth removal quantity and pass orders within two weeks; otherwise violation will be dealt with; status quo maintained.

Narayanan, Vs the Tahsildar — Writ and Judicial Review | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

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WP(C).No.174 OF 2020(V)

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PETITIONER:

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NARAYANAN, AGED 50 YEARS S/O. GOPALAN, THAYYIL VALAPPIL HOUSE, MUDUR P.O. VATTAMKULAM VILLAGE, PONNANI TAUK, MALAPPURAM, 679 578.

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BY ADVS. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL)

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RESPONDENTS:

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1 THE TAHSILDAR, TALUK OFFICE, PONNANI, MALAPPURAM 679 576.

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2 VILLAGE OFFICER, VATTAMKULAM VILLAGE, PONNANI TALUK 679 578.

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3 THE GEOLOGIST, DISTRICT OFFICE OF MINING AND GEOLOGY, MANJERI, MALAPPURAM 676 122.

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4 MUHAMMED MUSTHAFFA, AGED 55 YEARS S/O. LATE HAMSA HAJI, KUNNATH VALAPPIL HOUSE, MUDUR P.O. VATTAMKULAM (VIA), VATTAMKULAM VILLAGE, PONNANI TALUK, MALAPPURAM 679 578. 5 SAMEER, AGED 31 YEARS S/O. ABOOBAKER, ANTHOOR VALAPPIL HOUSE, MUDUR P.O. VATTAMKULAM (VIA) VATTAMKULAM VILLAGE, PONNANI TALUK, MALAPPURAM 679 578.

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R4-5 BY ADV. SRI.K.J.SAJI ISAAC R4-5 BY ADV. DR.ELIZABETH VARKEY R4-5 BY ADV. SRI.JITHIN SAJI ISAAC BY GOVT. PLEADER SRI.RAVIKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.174 of 2020 = = = = = = = = = = = = = = = = = = Dated this the 19^th day of February, 2021

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JUDGMENT

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The petitioner is the owner of 16.9 cents of land. He intends to put up a residential building thereon. In view of the lie of the property slantingly, he was required to obtain development permit for the property, which he did as evidenced by Ext.P1. Ext.P2 is the building permit. The third respondent Geologist granted Ext.P7 permit for removal of 217 M³ of ordinary earth from the property during the period from 31.12.2019 to 06.01.2020 and 62 number of passes were issued for the same. The petitioner is aggrieved by Ext.P8 stop memo dated 01.01.2020 issued by the second respondent-Village Officer.

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Ext.P8 stop memo alleges that excess earth than permitted by the third respondent-Geologist have been removed from the property. The petitioner challenges the authority of the Village Officer to issue a stop memo in the nature of Ext.P8.

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W. P. (C) No.174 of 2020

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-: 2 :-

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Heard learned counsel on either sides.

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The grievance of the petitioner would be

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redressed by directing the Geologist to inspect the site and verify the factual aspects including, the quantity of earth removed. Third respondent Geologist shall look into the issue and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this judgment. If there has been no violation of Ext.P7 order passed by the petitioner, necessary orders shall be passed re-fixing the period for removal of earth and issuing necessary passes to the petitioner. Needless to say that if violation is detected, legal consequences will follow. Till such order is passed, status quo in relation to the property shall be maintained.

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Writ petition is disposed of as above.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

WP(C).No.174 OF 2020(V)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE DEVELOPMENT PERMIT DTD
	25/2/2018 ISSUED BY VATTAMKULAM GRAMA PANCHAYAT.
EXHIBIT	P2 TRUE COPY OF BUILDING PERMIT ISSUED BY THE SECRETARY OF VATTAMKULAM GRAMA PANCHAYAT DTD. 25/2/2018.
EXHIBIT	P3 TRUE COPY OF SKETCH OF THE PROPERTY ISSUED BY THE VILLAGE OFFICER, VATTAMKULAM DTD. 23/1/2019.
EXHIBIT	P4 TRUE COPY OF POSSESSION CERTIFICATE DTD 12/2/2019 ISSUED BY THE VILLAGE OFFICE, VATTAMKULAM.
EXHIBIT	P5 TRUE COPY OF CONSENT LETTER DTD 6/2/2019 FROM VATTAMKULAM GRAMA PANCHAYAT SECRETARY.
EXHIBIT	P6 TRUE COPY OF CHALAN RECEIPT DTD 12/4/2019 ISSUED BY THE SUB TREASURY, MANACHERY.
EXHIBIT	P7 TRUE COPY OF PERMIT DTD 23/12/2019 ISSUED BY 3RD RESPONDENT GEOLOGIST.
EXHIBIT	P8 TRUE COPY OF STOP MEMO DTD 1/1/20202 ISSUED BY THE 2ND RESPONDENT VILLAGE OFFICER, VATTAMKULAM.

Narayanan, v. the Tahsildar

Case brief

What is this about?

What did the court decide?

Narayanan, v. the Tahsildar

Case brief

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