IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 2521 of 2010(M) ------------------------- PETITIONER(S): ------------------ P.E.AYYAPPAN PILLAI, PALAPPILLIL HOUSE, MADATHIKANDOM,MUTHALAKODAM P.O., THODUPUZHA. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): ------------------- THE THODUPUZHA MUNICIPALITY REPRESENTED BY ITS SECRETARY THODUPUZHA P.O., IDUKKI DISTRICT. ADV. SRI.P.K.SOYUZ,THODUPUZHA MUNICIPALIT FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 2521 OF 2010 (M) ===================== Dated this the 4th day of March, 2010 J U D G M E N T Petitioner submits that by Ext.P1 he has surrendered 3 cents of land to the respondent Municipality for formation of a road with a specific condition that earth from the road shall not be removed and that granite supporting walls shall be retained. According to the petitioner, in violation of the terms of the surrender, the Municipality was attempting to remove the red earth and therefore the writ petition was filed. 2. The case was adjourned for the standing counsel to obtain instructions in the matter and the learned counsel confirms that the surrender was conditional. 3. If the surrender was conditional and the condition was accepted by the Municipality, the Municipality cannot act contrary thereto. Therefore, unless the petitioner agrees, the Municipality cannot remove earth from the land surrendered by the petitioner. In view of this, the writ petition is disposed of directing the WPC No. 2521/10 :2 : respondent that removal of earth from the land covered by Ext.P1 shall only with the consent of the petitioner. ANTONY DOMINIC, JUDGE Rp