IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 15583 of 2008(E) ---------------------------------- PETITIONER: ----------------- RAMAKRISHNAN, PURANPALLY,(PO) IRINGAL, (VIA) VADAKARA, KOZHIKODE DISTRICT,PIN 673 521. BY ADV. SRI.C.VALSALAN SRI.I.K.RAJU SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS: ------------------- 1. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE, CIVIL STATION, CALICUT. 2. THE VILLAGE OFFICER, IRINGAL, P.O. IRINGAL, KOZHIKODE DISTRICT. 3. CHANDRAN, KIZHAKKE MANAPPURATH P.O. IRINGAL, (VIA) VADAKARA, KOZHIKODE DISTRICT PIN 673 521. BY ADV. SRI.P.NARAYANAN FOR R3 GOVERNMENT PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15583 of 2008 EXT.P1: COPY OF THE PERMIT AND APPROVED SITE PLAN GRANTED BY THE PAYYOLY GRAMA PANCHAYATH. EXT.P2: COPIES OF THE PETITION DTD. 3.12.2007 BY PETITIONER. EXT.P3: COPY OF THE REPORT AND TOPO SKETCH BY 2ND RESPONDENT. EXT.P4: COPY OF THE PETITION FILED BY R3 BEFORE R1. WP(C).No. 15583 of 2008 TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.15583 OF 2008 ---------------------------------------- Dated this the 11th day of July, 2008 JUDGMENT The petitioner is stated to have purchased 10 cents of land for construction of a residential house availing of a house building advance from the Corporation Bank. The land is adjacent to the residence of the 3rd respondent. The land lies at a height of 7 feet from road level. In order to level the ground so as to construct the house in same level as that of the neighbouring owners, the petitioner wants to remove some soil up to the height of 4 feet. For this purpose, the petitioner filed an application before the 1st respondent for permission to remove soil. The other neighbours gave their no objection letters, but the 3rd respondent did not and the 3rd respondent filed Ext.P4 petition before the 1st respondent objecting to the removal of the soil. According to the petitioner, this is purely out of spite. The petitioner therefore, seeks the following reliefs: “i) Issue a writ of mandamus and direct the 1 st respondent to give permission to the petitioner to remove W.P.(c)No.15583/08 2 soil from 5 cents of land to a height of 4 feet to level the ground for constructing house and creating court yard. ii) Direct the 1 st respondent to consider and dispose of Ext.P2 and P4 petitions forthwith taking into consideration of Ext.P3 report and other evidences in accordance with law after hearing the petitioner.” 2. The 3rd respondent has filed a counter affidavit denying the allegations against him and stating the reasons for his objections. According to him the land is 16 feet height and removal of soil to bring the level to 4 feet would cause damage to his house. 3. According to the learned counsel for the petitioner, the Ext.P3 report of the Village Officer also supports the case of the petitioner. 4. I have heard the parties. I am not inclined to go into the merits of the rival contentions of the parties now. I am of opinion that it is for the 1st respondent to consider all those contentions while disposing of Ext.P2 application. Accordingly, I dispose of this writ petition with a direction to the 1st respondent to consider and pass appropriate orders on Ext.P2, after affording an opportunity of being heard to the petitioner as well as the 3rd respondent, as expeditiously as W.P.(c)No.15583/08 3 possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. It would be open to the petitioner to rely on Ext.P3 report of the Village Officer and it would be open to the 3rd respondent to object to sustainability of the same. The 1st respondent shall consider the Ext.P3 and if necessary conduct such other further enquiry, if necessary. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 1st respondent for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.15583/08 4