IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 Con.Case(C).No. 1060 of 2007(S) ------------------------------- PETITIONERS/PETITIONERS IN WP(C): -------------------------------------------------- 1. BINDU, MEERA BHAVAN, PEREKKONAM, KANDAMTHITTA,VAZHICHAL, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 2. K. SWARNAMMA, MEERA BHAVAN, PEREKKONAM KANDOMTHITTA, VAZHICHAL, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENTS: R1 IN WP(C): -------------------------------------------- K.V. MOHANKUMAR, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, PRESENTLY WORKING AS THE SUB DIVISIONAL MAGISTRATE AND REVENUE DIVISIONAL OFFICER,THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = C.O.C.No. 1060 of 2007 IN W.P.C. NO. 22799 OF 2006 = = = = = = = = = = = = = = Dated this the 27th day of March , 2008 ORDER The subject mater of this contempt petition is a proceeding initiated by the Sub Divisional Magistrate and the Revenue Divisional Officer, Thiruvananthapuram with regard to two rock boulders situated in the property of one Appu and Sakunthala comprised in Re-survey 116/10 of Vazhichal Village of Neyyattinkara Taluk of Thiruvananthapuram District. The petitioners herein, viz. Bindu and Swarnamma, who are a mother and daughter alleged that the said rock boulders situated in the property of the said Appu and Sakunthala were causing threat to the lives and properties of the petitioners herein. The Sub Divisional Magistrate initiated proceedings under Section 133 Cr.P.C.and passed a final order directing the said Appu and COC.1060/2007 2 Sakunthala to abate the potential threat caused by the two rocks to the petitioners herein. The petitioners herein, thereafter filed W.P.C.No.22779/2006 before this Court seeking implementation of the final order passed under Section 133 Cr.P.C.by the Sub Divisional Magistrate. This Court as per judgment dated 6-11-2006 directed the Sub Divisional Magistrate to implement the final order dated 15-7-2006. Subsequently, this contempt petition has been filed alleging that the final order has not been implemented so far. 2. It is true that as per the final order passed by the Sub Divisional Magistrate, the said Appu and Sakunthala have to abate the nuisance caused by the two massive rock boulders situated in their property. But then, those rock boulders are not structures which are man-made creations. They are natural boulders causing imminent threat to the nearby residents. In case the rock boulders were to plummet to the valley of the hillock on which they are located, there is sure threat of danger to the lives and properties of the petitioners herein and others. Such an eventuality will certainly be a natural calamity. The reports of the experts including the Geologist attached to the District Office of the Mining and Geology, Thiruvananthapuram is to the effect that COC.1060/2007 3 there is no scope for blasting the rocks or to contain the falling of boulders in trenches and that the safest method to abate the potential threat is by splitting the rock using wedge and hammer method. The Sub Divisional Magistrate has in his report dated 7- 3-2008 submitted that the expenses for the same will come to roughly Rs.17,000/- on local enquiry by the Tahsildar. In the statement filed by the Geologist, it is mentioned that the expenses for splitting of the dangerous rock can be met from the calamity fund of the revenue department by inviting suitable quotations. 3. Under these circumstances, the District Collector, Thiruvananthapuram shall inspect the rock in question with the aid of experts in the field and submit a report before this Court regarding the approximate expenses which may have to be incurred for abating the threat and whether the expenses in that regard can be met from the calamity fund of the revenue department. The District Collector shall submit his report within one month of receipt of a copy of this order and shall give top priority to this matter as it involves imminent threat to human lives and properties. COC.1060/2007 4 Communicate a copy of this order to the District Collector, Thiruvananthapuram. Handover a copy of this order to the Public Prosecutor as well. Post on 22-5-2008. V. RAMKUMAR, JUDGE ks.