IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 OP.No. 28945 of 2001(U) ----------------------- PETITIONER: ------------ T.M. HANEEFA, S/O. MEERAN MOIDEEN RAWTHER, RESIDING AT A VILLA, MANKAMBUZHI, VETTIYAR VILLAGE, MAVELIKKARA. BY ADV. SRI.R.RAJASEKHARAN PILLAI SRI.T.K.RADHAKRISHNA PILLAI SRI.GEORGE T. THACHETT RESPONDENTS: ------------- 1. THE NOORANAD GRAMA PANCHAYAT, PADANILAM P.O., MAVELIKARA, REPRESENTED BY ITS SECRETARY. 2. THE SUB INSPECTOR OF POLICE, NOORANAD. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. 4. THE R.D.O., CHENGANNUR. 5. THE TAHSILDAR, MAVELIKARA. 6. THE VILLAGE OFFICER, NOORANADU, MAVELIKARA. 7. VISWAMBHARAN, S/O. RAGHAVAN, MALAYILKIDAMPALLIL HOUSE, VETTIYARMURI, VETTIYAR VILLAGE, KALLIMEL P.O., MAVELIKARA. R1 BY ADV. SRI.C.T.RAVIKUMAR SRI.R.PADMAKUMAR R7 SRI.P.K.IBRAHIM SRI.D.B.BINU R2 TO R6 BY SMT. SMITHA BABU, GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.47045/2001 DISMISSED. 3/1/08 SD/- T.R. RAMACHANDRAN NAIR, JUDGE. APPENDIX EXT.P1-TRUE COPY OF THE SKETCH SHOWING THE LIE OF THE PETITIONER'S UNIT AND THE ADJACENT PROPERTIES. EXT.P2-TRUE COPY OF THE REPRESENTATION BEFORE R4 AND THE DIRECTION OF R5 THEREON DATED 14.12.99 EXT.P3-TRUE COPY OF THE NOTE TO R6 FROM R5 DATED 30/12/99 EXT.P4-TRUE COPY OF LETTER DATED 17.8.2000 FROM R3 TO THE PETITIONER'S EXT.P5-TRUE COPY OF PETITION TO R2 SUBMITTED BY THE PETITIONER'S EXT.P6-TRUE COPY OF REPRESENTATION DATED 19.9.2000 BY THE PETITIONER BEORE R3. // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.28945 of 2001-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of January, 2008. JUDGMENT The petitioner is conducting a wire cut bricks unit in Ward No.11 of first respondent Panchayat. The allegation raised by the petitioner is that indiscrete removal of earth from the properties adjacent to petitioner's unit will affect environmental problems to the petitioner's property. In the circumstances, the petitioner complained to the District Collector to take appropriate action in the matter. In the original petition, the main prayer is for a direction to the respondents to take appropriate action against the 7th respondent and his men who are removing earth from the property adjacent to the property of the petitioner. 2. In the counter affidavit filed by the third respondent, it is stated in paragraph 4 that on receiving complaint from the petitioner, respondents 3, 4 and 5 have issued necessary direction to the 6th respondent to stop the unauthorised removal of sand and mud and the 6th respondent took action to stop the unauthorised removal. It is also stated that since there is no removal of earth from the nearby property of the petitioner's wire cut bricks unit now, no action is required. The said submission is recorded. OP 28945/2001 -2- 3. Learned counsel for the 7th respondent submits that the 7th respondent has also filed a caveat before the Munsiff's Court apprehending the filing of civil suit by the petitioner and that the allegations raised by the petitioner amounts to dispute of a civil nature only. Whatever that be, in view of the fact that the competent revenue authorities have acted in the matter, no further directions are called for, except to record the submission that they have taken prompt action in the matter. The original petition is accordingly closed. (T.R. Ramachandran Nair, Judge.) kav/ OP 28945/2001 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.28945 of 2001-U - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 3rd January, 2008.