Court disposed of a writ petition alleging illegal excavation of soil affecting the petitioner's property, directing the District Collector to consider the petitioner's representation within three months.
Direct the 1st respondent to consider Ext.P2 with notice to the petitioner and respondents 7 to 10 within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 13TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944
WP(C) NO. 19790 OF 2022
PETITIONER:
M.SASI
AGED 70 YEARS
S/O. LATE MADHAVAN RESIDING AT PULICKAL NIKARATH, ARUKUTTY PO,
CHERTHALA TALUK, ALAPPUZHA DISTRICT.
BY ADV JOSEPH M.P.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,BESIDE ZILLA PANCHAYAT OFFICE, CIVIL STATION WARD, ALAPPUZHA - 688001.2 THE VILLAGE OFFICER, ARUKUTTY VILLAGE, CHERTHALA, ALAPPUZHA DISTRICT - 688524.3 THE ASSISTANT ENGINEER, IRRIGATION SECTION, CHERTHALA, ALAPPUZHA DISTRICT - 688527.4 ARUKUTTY GRAMA PANCHAYAT, ARUKUTTY PO, ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY - 688534.5 THE SECRETARY, ARUKUTTY GRAMA PANCHAYAT, ARUKUTTY PO, ALAPPUZHA DISTRICT - 688534.6 CIRCLE INSPECTOR OF POLICE, PUCHAKKAL POLICE STATION, CHERTHALA, ALAPPUZHA DISTRICT - 688526.7 DHARMAJAN, ONAPARAMBIL HOUSE, ARUKUTTY PO, WARD I, CHERTHALA, ALAPPUZHA - 688534.8 RADHAKRISHNAN, CHOOLAKKALNIKARATHIL HOUSE, ARUKUTTY PO, CHERTHALA, ALAPPUZHA – 688534.Addnl.9* P.S.Aravindan, Plabu House, Arukutty P.O., Cherthala Taluk, Alappuzha – 688534.Addnl.10* K.A.Shibu, Kazhuthakadu House, Vathuthala P.O. Cherthala, Alappuzha.(Additional R9 & R10 are impleaded as per order dated
13.01.2023 in I.A.No.1 of 2022)
BY ADVS.
BRIJESH MOHAN
HENA BAHULEYAN
R.RAJPRADEEP
SREEDEVI S.B.S.SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C).No.19790 of 2022.
JUDGMENT
th Dated this the 13 day of January, 2023 .
The petitioner, a senior citizen has approached this Court aggrieved by large scale excavation of soil around his property leading to formation of deep gutter on the side of his property. According to the petitioner, the respondents 7 to 10 are illegally excavating huge quantity of soil affecting the very existence of his property. The petitioner states that though he approached the 1st respondent with Ext.P2 representation highlighting his grievance, no steps have been taken on Ext. P2 by the 1st respondent.
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W.P.(C).No.19790 of 2022.
the nature of the direction I propose to pass, notice to additional respondents 9 and 10 is dispensed with.
Since the petitioner has already preferred Ext.P2 representation before the 1st respondent highlighting his grievance raised in this writ petition, I am of the view that this writ petition can be disposed of with a direction to the 1st respondent to consider Ext.P2 with notice to the petitioner and respondents 7 to 10. It is ordered accordingly. This shall be done within a period of three months from the date of receipt of a copy of this judgment.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
Raj. 13.01.2023.
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W.P.(C).No.19790 of 2022.
APPENDIX OF WP(C) 19790/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE REPRESENTATION
DATED 15/12/2021 SUBMITTED BY THE
PETITIONER BEFORE THE 4TH
RESPONDENT.
Exhibit P2TRUE COPY OF THE REPRESENTATION
DATED 27/1/2022 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST
RESPONDENT.
Exhibit P3TRUE COPY OF THE COMPLAINT DATED
31/1/2022 SUBMITTED BY THE
PETITIONER BEFORE THE 6TH
RESPONDENT.
Exhibit P4TRUE COPY OF THE ACKNOWLEDGMENT
RECEIPT ISSUED BY THE 6TH
RESPONDENT.
1 issue framed by the court
Whether the writ petition should be disposed of by directing the 1st respondent to consider the petitioner's representation regarding illegal soil excavation.
M.SASI
The District Collector
The Village Officer, Arukutty Village
The Assistant Engineer, Irrigation Section
Arukutty Grama Panchayat
Dharmajan
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court