IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 5244 of 2009(A) ------------------------- PETITIONER(S): ------------------ 1. K.V. SREEKALA, D/O. VALSALA, AGED 31 YEARS, T.C 64/1717/1, GOKULAM, PUNCHAKARI, THIRUVALLAM, THIRUVANANTHAPURAM. 2. ASWATH.V.G, T.C 65/275, ANITHA BHAVAN, PUNCHAKARI, THIRUVALLAM, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP. BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, PALAYAM, THIRUVANANTHAPURAM. 3. THE VILLAGE OFFICER, THIRUVALLAM VILLAGE, THIRUVALLAM, THIRUVANANTHAPURAM. R1 & R3 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA R2 BY ADV.SRI.P.K.MANOJ KUMAR - STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5244 of 2009 :: 2 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE SALE DEED NO.2859/2008 DATED 3.10.2008 OF THIRUVALLAM SUB REGISTRAR'S OFFICE. EXT.P2: TRUE COPY OF THE PLAN APPROVED BY THE 2ND RESPONDENT DATED 23.1.2009. EXT.P3: TRUE COPY OF THE PERMIT ISSUED BY THE 3ND RESPONDENT DATED 21.1.2009. EXT.P4: TRUE COPY OF THE JUDGMENT DATED 4.1.2005 IN W.P.(C)NO.209/2005 OF THIS HONOURABLE COURT. EXT.P5: TRUE COPY OF THE JUDGMENT DATED 5.12.2007 IN W.P.(C)NO.20195/2007 OF THIS HONOURABLE COURT. EXT.P6: TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.21855/2008 DATED 6.8.2008 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL //true copy// P.S. To Judge SK/- V.GIRI, J. --------------------------- W.P.(C).5244 of 2009 --------------------------- Dated this the 3rd day of June, 2009 JUDGMENT The petitioners claim to be the owners of 10.56 Ares of land in R.S.No.103/6 of Thiruvallam Village. They purchased the property for putting up a residential building. They drew up a plan as well. Permit was granted by the local authority. The construction requires refilling of the land and excavation and removal of soil. This was objected to and hence this writ petition praying for a direction to the 3rd respondent to permit the petitioners to excavate soil from the property for purpose of levelling the land and enable them to put up a residential building in terms of Ext.P2 plan and Ext.P3 permit. 2. Learned Government Pleader points out that is open to the District Collector to pass appropriate orders. Reference was made to the fact that permit will be required even for excavating earth, as has been held by the Division Bench of this court in Construction Materials Movers Association v. State of Kerala {2008(4) KLT 909}. In W.P.(C).5244 of 2009 :: 2 :: the circumstances, it is only appropriate that permission is obtained from the competent authority. 3. Learned counsel for the petitioner points out that the petitioners have no objection in approaching the District Collector. But, it is perceived that there is considerable delay in dealing with the application even for removal of earth necessary to level the property to enable the property owner to undertake a construction. 4. In the result, the writ petition is disposed of with the following directions: (a) The petitioners may move an application before the District Collector seeking permission for removal of earth from their property for effecting a construction in terms of Ext.P2 plan and Ext.P3 permit. (b) If such application is filed within two weeks from today, the District Collector shall see that the competent authority among the subordinate officials deals with such application and final orders are passed on such application, W.P.(C).5244 of 2009 :: 3 :: possibly within four weeks from the date of receipt of such application. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge