IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 23513 of 2010(L) ---------------------------------- PETITIONER(S): ------------------------ G.GOPALAKRISHNAN, VADAKKEVILA PUTHENVEEDU, VILAYANNUR MURI, UMMANNOOR, KOLLAM DISTRICT. BY ADVS. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, KOLLAM, CIVIL STATION, KOLLAM-13. 2. THE REVENUE DIVISIONAL OFFICER, KOLLAM, KOLLAM-13. 3. THE ADDITIONAL TAHSILDAR, KOTTARAKARA, KOLLAM DISTRICT, PIN-691 506. 4. THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, KOLLAM, KOLLAM-13. *ADDL. R5 IMPLEADED 5. G.VASUDEVAN, S/O.GOVINDAN, GOKULAM, KOCHALUMMODU, NELLIKUNNAM P.O., KOTTARAKARA, KOLLAM. *ADDL. R5 IS IMPLEADED AS PER ORDER DTD. 13.8.2010 IN IA.11352/2010. R1 TO R4 BY GOVT. PLEADER SRI.M.A.ASIF ADDL. R5 BY ADV. SRI.K.S.MANU (PUNUKKONNOOR), SRI.P.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23513/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE WILL EXECUTED BY THE PETITIONER'S PARENTS DTD. 23.10.92. P2:- COPY OF THE SALE DEED DT. 28.10.09. P3:- COPY OF THE BUILDING PERMIT GIVEN BY THE UMMANNOOR PANCHAYAT DT. 30.1.10. P4:- COPY OF THE CERTIFICATE DTD. 1.2.10 ISSUED BY THE DISTRICT INDUSTRIES CENTRE, KOLLAM. P5:- COPY OF THE SKETCH MAINTAINED AT THE VILLAGE OFFICE, UMMANNOOR. P6:- COPY OF THE REPORT GIVEN BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DT. 12.3.10. P7:- COPY OF THE REPORT GIVEN BY THE 2ND RESPONDENT TO THE IST RESPONDENT DTD. 24.3.10. P8:- COPY OF THE REPORT GIVEN BY THE 4TH RESPONDENT TO THE IST RESPONDENT DT.D 24.5.10. P9:- COPY OF THE ORDER NO.L 10-21659/10 DT. 5.6.10 ISSUED BY THE IST RESPONDENT. TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.23513 OF 2010(L) -------------------------------------------------- Dated this the 16th day of September, 2010 J U D G M E N T Challenge in this writ petition is against Ext.P9 order passed by the first respondent, rejecting the application made by the petitioner for removal of red earth, on the ground that if red earth is removed that will result in additional 5th respondent's building losing its lateral support. 2. However, the case of the additional 5th respondent is that, he had already filed a consent letter before the District Collector. He has also filed an affidavit before this court, affirming that he has no objection to grant permit as sought for by the petitioner. Along with the counter affidavit filed by the District Collector, a report of the Geologist is produced. In the report of the Geologist also, loss of lateral support is stated to be a reason for not allowing the request of the petitioner. 3. Therefore both in Ext.R1(a) and Ext.P9, the only objection raised is loss of lateral support to the 5th respondent's building. As the 5th respondent himself has filed an affidavit before this court stating that he has no objection, this writ petition is WPC.No. 23513/2010 :2 : disposed of quashing Ext.P9 and directing the District Collector to pass fresh orders on the application made by the petitioner in the light of the above finding. Orders shall be passed in place of Ext.P9, within 4 weeks from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/