Disposed

Sachidhanandan.v.M v. State of Kerala

Kerala HC17 Jan 2023WP(C)/35570/2022

Case brief

AI extract

What is this about?

Petitioner, holding a permission to remove excavated ordinary earth from his property, faced local obstruction. After filing a representation undertaking not to remove soil outside his premises, the court directed the fourth respondent to consider this representation and pass appropriate orders within three weeks.

What did the court decide?

Direction to the fourth respondent to consider the petitioner's representation submitted along with affidavit undertaking and pass appropriate orders within three weeks.

Sachidhanandan.v.M Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944

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WP(C) NO. 35570 OF 2022

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PETITIONER:

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SACHIDHANANDAN.V.M
AGED 68 YEARS
S/O.MADHAVAN, VAIKKATTIL HOUSE, PUTHUR.PO, THRISUR , PIN -
680014

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BY ADVS.
LEKSHMI S.SEKHER
S.SUNIL KUMAR (PALAKKAD)
B.JITHU
FEMY M.ANTONY

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001

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2 PUTHUR GRAMA PANCHAYATH PUTHUR.PO, THRISUR 680014 . REPRESENTED BY ITS SECRETARY

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3 THE SECRETARY PUTHUR GRAMA PANCHAYATH, PUTHUR.PO, THRISUR, PIN - 680014

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4 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, CHEMBUKKAV, THRISSUR , PIN - 680020

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5 THE VILLAGE OFFICER PUTHUR VILLAGE OFFICE, MANNAMANGALAM ROAD, PUTHUR, THRISSUR PIN - 680014 BY ADV SHRI.SANTHOSH P.PODUVAL, SC, PUTHUR GRAMA PANCHAYAT, B.S.SYAMANTHAK

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.35570 of 2022.

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JUDGMENT

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This writ petition is filed by the petitioner seeking a direction to the 4^th respondent to grant necessary permission for levelling the excavated ordinary earth stored in the property of the petitioner covered by Ext.P1 possession certificate. The petitioner says that Ext.P4 permit was issued by the 4^th respondent after site inspection and when the petitioner took steps to remove the earth on the basis of Ext.P4, he was prevented by certain persons in the locality from removing the earth. Later, a stop memo dated 29.10.2014 was issued by the Village Officer against which the petitioner approached this Court and this Court granted interim stay of the stop memo. Later, the 4^th respondent has issued Ext.P7 order

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W.P.(C) No.35570 of 2022.

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granting extension of time to the petitioner for removing the excavated earth from the site. The petitioner contends that in spite of Ext.P7, he is not permitted to remove the excavated earth by the local residents. The petitioner has filed this writ petition seeking inter alia permission to remove the excavated earth based on Ext.P4.

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During the pendency of this writ petition, the petitioner has filed I.A.No.1 of 2023 producing Ext.P10 representation submitted before the 4^th respondent wherein he has stated that the excavated ordinary earth stored in his property will not be removed out side the property. He has also produced Ext.P11 affidavit undertaking that he will not remove the excavated soil outside his property. In view of the said undertaking, the 4^th respondent shall consider Ext.P10 representation and

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W.P.(C) No.35570 of 2022.

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pass appropriate orders within a period of three weeks from the date of receipt of a copy of this judgment.

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Sd/- MURALI PURUSHOTHAMAN JUDGE

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Raj. 17.01.2023.

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W.P.(C) No.35570 of 2022.

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APPENDIX OF WP(C) 35570/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE POSSESSION
CERTIFICATE NO-4086/13 DATED
23.11.2013 ISSUED BY THE RESPONDENT
NO-5
Exhibit P2TRUE COPY OF THE BUILDING PERMIT
NUMBER-A6-5139/2014 (636) DATED
24.06.2014 ISSUED BY THE RESPONDENT
NO-3
Exhibit P3TRUE COPY OF THE JUDGMENT IN WPC NO-
21037 OF 2014 DATED 13.08.2014 OF
HONBLE HIGH COURT OF KERALA
Exhibit P4TRUE COPY OF THE ORDER NO-107/14-
15/2305/O.E/C2/TDO/14 DATED 23.10.2014
ISSUED BY THE RESPONDENT NO-4
Exhibit P5TRUE COPY OF THE ORDER IN WPC NO-28805
OF 2014 DATED 31.10.2014 OF HONBLE
HIGH COURT OF KERALA
Exhibit P6TRUE COPY OF COMPLAINT PREFERRED
BEFORE THE CITY POLICE COMMISSIONER,
THRISSUR CITY DATED 05.11.2014
Exhibit P7TRUE COPY OF THE ORDER NO-146/14-
15/2305/O.E/C2/TDO/14 DATED 13.11.2014
ISSUED BY THE RESPONDENT NO-4
Exhibit P8TRUE COPY OF THE ACKNOWLEDGMENT
RECEIPT FOR THE FILE

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W.P.(C) No.35570 of 2022.

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NO-4000692/BPRL02/GPO/2022/4781 DATED
26.10.2022 ISSUED BY THE RESPONDENT
NO-3
Exhibit P9TRUE COPY OF THE RECEIPT NO-
1220300999/G080504 DATED 26.10.2022
ISSUED BY THE RESPONDENT NO-3
Exhibit P10TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE
RESPONDENT NO-4 DATED 07.01.2023
Exhibit P11TRUE COPY OF THE NOTARIZED AFFIDAVIT
SUBMITTED BY THE PETITIONER BEFORE
RESPONDENT NO-4 DATED 09.01.2023
Exhibit P12TRUE COPY OF THE RECEIPT NO-DOTHR-
DMG/108/2023-E DATED 09.01.2023 ISSUED
FROM THE OFFICE OF THE RESPONDENT NO-4
Exhibit P13TRUE COPY OF THE RECEIPT NO-
1220303839/G080504 DATED 04.01.2023
ISSUED FROM THE OFFICE OF THE
RESPONDENT NO-2
Exhibit P14TRUE COPY OF THE BUILDING PERMIT NO-
A3-BA(2991)/2023 DATED 04.01.2023
ISSUED BY THE RESPONDENT NO-3

Sachidhanandan.v.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sachidhanandan.v.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

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