IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 21855 of 2008(B) -------------------------- PETITIONER: ------------ J.DASSYYAN , AGED 45 YEARS S/O. YESUDASAN, KULAKKOTTUKONAM VARUVILA PUTHEN VEEDU, KALLIYOOR P.O.,TRIVANDRUM BY ADV. SRI.D.SAJEEV RESPONDENTS: ------------- 1. THE STATE OF KERALA REP. BY THE SECRETARY, LOCAL SELF GOVERNMENT GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER THIRUVANANTHAPURAM 3. THE SECRETARY, KALLIYOOR GRAMA PANCHAYAT KALLIYOOR.P.O.,THIRUVANANTHAPURAM 4. THE VILLAGE OFFICER KALLIYOOR.P.O.,THIRUVANANTHAPURAM BY GOVT. PLEADER SRI. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.21855/2008 ----------------------------------------------------------- Dated this the 6th day of August, 2008 JUDGMENT The prayer in this writ petition is to direct the respondents to permit the petitioner to excavate soil from the property comprised in Re.Sy.No.381/11 of Kalliyoor village for the purpose of construction of a residential building. 2. The facts of the case are that, the property covered by Ext.P1 title deed belongs to the petitioner. In the said property petitioner wanted to construct a residential building and for that purpose got Ext.P2 plan approved by the 3rd respondent. It is stated that Ext.P3 is the permit granted by the Panchayat for the construction of the building in terms of Ext.P2. In pursuance to Exts.P2 and P3, when the petitioner proceeded to level a portion of his property by WP(c).No.21855/08 2 removing earth that was prevented by the 4th respondent. It is on account of this the writ petition has been filed. 3. Counsel for the petitioner mainly relies on Exts.P4 and P5, two judgments rendered by this court, wherein, the respondents therein were directed to permit the petitioners therein to excavate soil for the purpose of construction of residential buildings, as per the approved plan and building permit. 4. Having considered the case and also on hearing the counsel on either side, I am satisfied that the case of the petitioner is covered by the principle laid down by this court in Exts.P4 and P5 judgment and therefore I see no reason to take a view different from Exts.P4 and P5. Accordingly, the writ petition is disposed of directing that the petitioner will be permitted to excavate soil from the property for the construction of a residential building in accordance with Exts.P2 approved Plan and Ext.P3 building permit. WP(c).No.21855/08 3 Petitioner is directed to produce a copy of the judgment before the respondents 3 and 4 for compliance. ANTONY DOMINIC JUDGE vi. WP(c).No.21855/08 4