IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 8052 of 2010(F) ------------------------- PETITIONER: --------------- K.B.MOHANAN,S/O.LATE K.BHASKARAN NAIR, AGED 42 YEARS, BUSINESS, SAMMOHANAM, N.R.MENON NAGAR, KUTTIKATTUKARA PO,UDYOGAMANDAL PO, KADUNGALLUR VILLAGE,PARUR TALUK,ERNAKULAM DISTRICT BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. VARGHESE, FATHER'S NAME NOT KNOWN, OTTAYKAPARAMBIL, JUBILEE NAGAR ANNULLUR PO, ASHTAMICHIRA, CHALAKKUDY. 2. THE REVENUE DIVISIONAL OFFICER(RDO), THRISSUR. 3. THE VILLAGE OFFICER, ANNALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 4. THE DISTRICT GEOLOGIST, THRISSUR. BY GOVT.PLEADER SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.8052 OF 2010 ----------------------------------------------------- DATED THIS THE 11th DAY OF MARCH, 2010 J U D G M E N T The petitioner herein is the owner in possession of a property having an extent of 26.71 ares of land situated in Sy.No.206/1 of Annallur Village, Thrissur District. Exhibit P1 is the true copy of the title deed. Exhibit P2 is the copy of the land tax receipt. First respondent is the owner of the adjacent property situated on the southern side of the petitioner's property. According to the petitioner, the first respondent is moving red earth from his property, by escavating the same. Already 200 loads of red earth have been removed without permission from any competent authority. The petitioner is aggrieved by the said removal, since it may affect the lateral support of the petitioner's property. Exhibit P3 is the representation submitted by the petitioner before the 2nd respondent, Exhibit P4 is the representation submitted before the 3rd respondent and Exhibit P5 is the representation submitted before the 4th respondent. W.P.(C)No.8052/10 -2- 2. In the light of the urgency shown by the petitioner, there will be a direction to the 2nd respondent to consider Exhibit P3 with notice to the petitioner and the 1st respondent. The 2nd respondent will direct any competent Government Officer to conduct a local inspection and to file a report and appropriate decision will be taken within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the Writ Petition along with a copy of the judgment for compliance. No costs. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn