IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 30133 of 2008(K) -------------------------- PETITIONER(S): --------------- YOHANNAN, S/O.MATHAI, PARAYIL HOUSE, MUTTATHUKANDOM BHAGOM, KONDIMATTOMKARA, KEERAMPARA VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.P.V.ELIAS SRI. R.MURALI MANOHAR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM. 2. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 3. THE TAHSILDAR, KOTHAMANGALAM. 4. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM. 5. KUNJAN PILLAI, S/O.KELA, NEELAMVELIL HOUSE, MUTTATHUKANDOM BHAGOM, KONDIMATTOMKARA, KEERAMPARA VILLAGE, KOTHAMANGALAM TALUK. 6. PARU, W/O.KUNJAN PILLAI, NEELAMVELIL HOUSE, MUTTATHUKANDOM BHAGOM, KONDIMATTOMKARA, KEERAMPARA VILLAGE, KOTHAMANGALAM TALUK. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).30133/2008 -------------------- Dated this the 23rd day of October, 2008 JUDGMENT Petitioner complains of illegal excavation of clay by respondents 5 and 6 from their property, which is situated adjacent to the property of the petitioner. Complaining of loss of lateral support to her property, petitioner's wife instituted O.S.No.211/2008 before the Munsiff Court, Muvattupuzha. Same was dismissed and an appeal against the same as A.S.No.108/2008 is pending before the Sub Court, Muvattupuzha. Petitioner filed Exts.P1 and P2 representations before the District Collector and the RDO complaining of illegal excavation of sand. In as much as the issue seems to be pending before the Sub Court, I do not think this is a fit case where this Court should interfere in the matter. But I make it clear that respondents 1 and 2 shall look into the petitioner's allegations regarding unauthorized removal of sand and take necessary action. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs