IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 16578 of 2007(W) -------------------------------------- PETITIONER: ----------------- S.T.AJITHKUMAR, AGED 36 YEARS, S/O.THAPASIMUTHU, ILAVUNINNA, SREETHILAK, KAZHIVOOR P.O., KANJIRAMKULAM, TRIVANDRUM. BY ADV. SRI.D.SAJEEV RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 3. THE SECRETARY, KANJIRAMKULAM GRAMA PANCHAYAT, KANJIRAMKULAM P.O., THIRUVANANTHAPURAM. *4. ANOOP RAJENDRAN, S/O. G. RAJENDRAN, AGED 22 YRS, RESIDING AT SREENIKETHAN, KAZHIVOOR P.O., JOINT SECRETARY, KAZHIVOOR JANAKEEYA PRADHIRODHA SAMITHI. *ADDL. R4 IS IMPLEADED AS PER ORDER DATED 11/09/2007 IN IA NO. 10750/2007. R3 BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR SRI.GEORGE POONTHOTTAM ADDL. R4 GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 16578/2007 W APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE SITE PLAN. EXT.P1A. COPY OF THE PLAN SHOWING THE ELEVATION OF THE BUILDING. EXT.P2. COPY OF THE LETTER NO. A3. 660106 DT. 5/2/2007 BY THE R3. EXT.P3. COPY OF THE APPEAL DT. 1/3/07 BY THE KANJIRAMKULAM GRAMA PANCHAYAT COMMITTEE. EXT.P4. COPY OF THE RESOLUTION NO. V DT. 7/3/2007 OF KANJIRANKULAM GRAMA PANCHAYAT. EXT.P5. COPY OF THE LAND RELINQUISHMENT FORM DT. 7/3/07 EXECUTED BY THE PETITIONER AND HIS MOTHER. EXT.P6. COPY OF THE REPORT DT. 16/4/2007 FORWARDED TO THE R2. EXT.P7. COPY OF THE JUDGMENT DT. 4/1/2005. RESPONDENT'S EXHIBITS EXT.R3A. COPY OF THE DECISION NO. V (25) OF THE PANCHAYATH COMMITTEE. EXT.R3B. COPY OF THE NOTICE DT. 30/11/2006 OF THE VILLAGE OFFICER, KANJIRAMKULAM. EXT.R3C. COPY OF THE REPORT CONTAINING THE RECOMMENDATION OF THE DIST. COLLECTOR, GROUND WATER DEPARTMENT. EXT.R3D. COPY OF THE LETTER NO. B7.83164/2006 DT. 11/12/2006 OF THE DIST. COLLECTOR, THIRUVANANTHAPURAM. EXT.R3E. COPY OF THE REPORT DT. 30/11/2006 OF THE VILLAGE OFFICER, KANJIRAMKULAM. EXT.R3F. COPY OF THE LETTER DT. 23/3/2007 ADDRESSED TO THE R2. EXT.R3G. COPY OF THE LETTER NO. T(1) 321/2007 DT. 10/5/2007 OF THE DIRECTOR, GROUND WATER DEPARTMENT. EXT.R3H. COPY OF THE CIRCULAR NO. 24136/RA1/07LAD DT. 20/6/2007. EXT.R4A. COPY OF THE RELINQUISHMENT IN FORM A RULE 3 OF LAND RELINQUISHMENT RULES. WP(C) NO: 16578/2007 W EXT.R4B. COPY OF THE EXTRACT OF THE ASSESSMENT REGISTER PERTAINING TO THE YEAR 1993-94 OF THE KANJIRAMKULAM GRAMA PANCHAYAT. EXT.R4C. COPY OF THE REPORT OF THE VILLAGE OFFICER TO THE TAHSILDAR. EXT.R4D. COPY OF THE NOTICE DT. 6/12/2006. EXT.R4E. COPY OF THE LETTER DT. 10/12/2006. EXT.R4F. COPY OF THE LETTER DT. 11/12/2006. EXT.R4G. COPY OF THE LETTER ALONG WITH THE COPY OF THE RESOLUTION. EXT.R4H. COPY OF THE REPORT ON THE INVESTIGATION CARRIED OUT IN ISOLA DE COCCA IN CONNECTION WITH THE ALLEGED OVER EXPLOITATION OF GROUND WATER BY ISOLA DE COCCA IN KANJIRAMKULAM PANCHAYAT. EXT.R4(I). COPY OF THE REPORT DT. 20/1/07. EXT.R4J. COPY OF THE LETTER DT. 6/2/07. EXT.R4K. COPY OF THE REPORT DT. 13/2/07. EXT.R4L. COPY OF THE LETTER DT. 19/2/2007. EXT.R4M. COPY OF THE AGENDA FOR THE 8TH MEETING OF KERALA GROUND WATER AUTHORITY TO BE HELD AT 3.30 P.M ON 15/3/07. EXT.R4N. COPY OF THE MINUTES OF THE 8TH MEETING OF KERALA GROUND WATER AUTHORITY. EXT.R4(O). COPY OF THE REPORT DT. 3/07/07. EXT.R4P. COPY OF THE NOTIFICATION DT. 19/11/2005. EXT.R4Q. COPY OF THE RELEVANT PAGES OF THE REPORT ON THE GROUND WATER RESOURCES IN THE AREA. EXT.R4R. COPY OF THE LETTER DT. 3/10/2007. True copy tga PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 16578 OF 2007 ----------------------------------------------- Dated this the 24th day of March, 2008 J U D G M E N T The grievance of the petitioner is that his application for building permit in relation to Ext.P1 building plan has not been allowed by the Panchayat favourably. Panchayat forwarded the application to Revenue Divisional Officer for considering the question whether petitioner may be permitted to excavate soil from his property in survey No.308/14 of Kanjiramkulam Village in the light of clause 11 of Ext.R3(h) circular dated 20-6-2007. Revenue Divisional Officer forwarded the matter to the Village Officer concerned. The Village Officer has submitted report before the RDO. Under these circumstances I dispose of this writ petition directing the 2nd respondent to take a final decision on the question whether the petitioner can be permitted to remove soil from his property for the purpose of constructing the building as per Ext.P1 plan taking into account the report submitted by the Village Officer in that regard before the RDO. If the petitioner is desirous of hearing in the matter, he should express the same through a petition in writing. RDO will pass orders as directed above, at any rate, within one month of receiving a copy of this judgment. Once the RDO takes a decision, the WP(C)N0. 16578/07 -2- decision shall be forwarded to the Panchayat and the Panchayat will pass fresh orders on the application for permit submitted by the petitioner in the light of the RDO's decision. (PIUS C.KURIAKOSE, JUDGE) ksv