IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 5947 of 2009(K) ------------------------- PETITIONER(S): --------------- JAYAN, S/O.MADHAVAN PILLAI, AGED 44 YEAR, THEKKEVILA VEEDU, PUNCHAKARI, THIRUVALLAM P.O., 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. BY GOVT. PLEADER SR. P.N. SANTHOSH BY SC SRI.P.K. MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.5947 OF 2009 ------------------------ Dated this the 25th day of February, 2009. JUDGMENT Petitioner submits that he owns 2.42 ares of land in R.S.No.131/6 of Thiruvallam Village. According to the petitioner he intends to construct a residential house in the plot and he has already obtained Exts.P2 permit and P3 plan approved from the 2nd respondent. It is stated that for the purpose of starting the work he wanted to level the land and when he started the said work, the 3rd respondent has prevented him from doing the same. It is therefore this writ petition has been filed praying that the 3rd respondent be directed to permit the petitioner to excavate the soil from the property in order to level the same for the purpose of constructing a residential building. 2. Counsel for the petitioner relies on Exts.P4 to P6, the judgments rendered by this court, where dealing with WP(c).No.5947/09 /2/ identical situation, this court has directed that for construction of residential house as in this case the petitioner therein shall be permitted to do the work. I have gone through Exts.P4, P5 and P6 judgments and I am satisfied that the case of the petitioner is covered by the aforesaid judgments. 3. In view of the similarity of the facts I direct that the petitioner be permitted to level the property referred to above, in order construct a residential house on the strength of Ext.P2 permit and Ext.P3 approved plan. Petitioner shall produce a copy of the judgment before the 3rd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.5947/09 /2/