IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 7158 of 2011(T) ------------------------- PETITIONERS --------------- 1. HAREENDRA RAJAN, AGED 42, S/O.RAJAPPAN NAIR, T.C.NO.65/386, MANGATTU VEEDU, MENILAM, THIRUVALLAM P.O., THIRUVANANTHAPURAM. 2. GEETHA KUMARI, W/O.HAREENDRA RAJAN, MANGATTU VEEDU, MENILAM, THIRUVALLAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV SMT.LIGEY ANTONY RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE VILLAGE OFFICER, THIRUVALLAM VILLAGE, THIRUVALLAM, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER ADV. MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 7158 OF 2011 ......................................................................... Dated this the 21st March , 2011 J U D G M E N T The petitioners have approached this Court with the following prayers: “i. to issue a writ of mandamus or other appropriate writ, order or direction, commanding the 3rd respondent to permit the petitioners to excavate ordinary soil from their property comprised in Re.Survey No.192/5-1 of Thiruvallam village covered by Ext.P1 sale deed in order to convert the property as a house plot for the purpose of constructing the residential building as per Ext.P3 approved plan and Ext.P4 statutory permit , expeditiously. ii. To issue a direction to the 2nd and 3rd respondents not to obstruct the levelling of the property of the petitioners by removing soil for the construction of the residential building of the petitioner especially in view of Ext. P7 Government Order and Ext.P9 judgment of this Hon'ble Court. iii) to declare that petitioners need not obtain W.P.(C) No. 7158 OF 2011 2 special permission while removing ordinary soil from their properties to level their land for the purpose of constructing residential building in accordance with approved plan and permit in view of Ext.P7 Government Order. iv) such other appropriate writ order or direction this Honourable Court may deem fit and proper to meet the ends of justice. 2. The learned counsel for the petitioners, with reference to the materials produced before this Court, especially Ext. P1 title deed, Ext.P2 Tax receipt, Ext.P3 approved plan as to the proposed construction of the building and Ext.P4 building permit, submits that the petitioners want to remove soil only for construction of the building, which is not liable to be intercepted by the respondents, more so in view of the law declared by this Court in Ext.P5, P6 and P9 judgments. 3. Heard the learned Sr.Government Pleader as well. 4. After hearing both the sides, this Court finds that the cause projected by the petitioners to construct the building after removing the soil from the property is genuine. Accordingly there will be a direction as already given in similar cases vide W.P.(C) No. 7158 OF 2011 3 Exts.P5, P6 and P9 judgments. It is open to the concerned respondents to ensure that the petitioners do not excavate any extra quantity of soil and the soil is removed only to the extent necessary for the construction of the building. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk