IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 3015 of 2010(B) ------------------------------------ PETITIONER(S): ------------------------- RAJAPPAN, AGED 69 YEARS, S/O.RAGHAVAN, ANANTHAPURATHU, KARAKKAD MURI, MULAKKUZHA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DIST. PRESENTLY RESIDING AT ARUL BHAVAN, MEZHUVELI VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA. BY ADV. MR.R.SANTHOSH BABU RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT, ALAPPUZHA. 4. THE REVENUE DIVISIONAL OFFICER, CHENGANNUR. 5. THE VILLAGE OFFICER, MULAKKUZHA VILLAGE, MULAKKUZHA. 6. SHANI ASHOKAN, MODIYIL, MULAKKUZHA VILLAGE, CHENGANNUR, ALAPPUZHA DIST. *ADDL. R7 IMPLEADED. 7. K.N.MADHUSOODHANAN, AGED 52, S/O. P.K.N. PANICKER, SREENIKETHAN, KALANJOOR. *ADDL. R7 IS IMPLEADED AS PER ORDER DTD. 04.02.2010 IN IA. NO.1686/2010 R1 TO R5 BY GOVERNMENT PLEADER MR.T.K.VIPINDAS R6 BY ADVS.MR. K.SHAJI, MR.SAJJU.S. ADDL.R7 BY MR.R.T.PRADEEP, MR.V.VIJULAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3015/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PARTITION DEED NO.2322/1979 OF SRO CHENGANNUR. P1(a):- COPY OF THE TAX RECEIPT. P2:- COPY OF THE REQUEST OF THE PETITIONER DTD. 23.1.2010 TO 4TH RESPONDENT. P3:- COPY OF THE REQUEST DTD. 23.1.10. P4:- PHOTOGRAPHS SHOWING THE MANNER IN WHICHEARTH IS REMOVED. P5:- COPY OF THE COMPLAINT DTD. 23.1.2010 ADDRESSED TO 3RD RESPONDENT. ANNEXURE 1:- COPY OF THE REPORT OF THE VILLAGE OFFICER. ANNEXURE 1(a):- COPY OF THE PROCEEDINGS OF THE REVENUE DIVISIONAL OFFICER, CHENGANNUR DTD. 15.1.2010. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3015/2010-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2010 J U D G M E N T The petitioner who is the owner of an extent of 32.20 ares of property comprised in Survey No.62/1 of Mulakkuzha Village in Chengannur Taluk, is aggrieved by the action by which the sixth respondent and another Contractor are engaged in removal of earth from the property of the sixth respondent, lying close to the petitioner's property. It is alleged that under the guise of an ex parte order from the Revenue Divisional Officer, large quantity of red earth is being removed and transported everyday and the same will cause destruction to the rubber trees in the property of the petitioner apart from the damage to the lateral support. 2. This Court by an interim order dated 29/01/2010 directed the fifth respondent-Village Officer to conduct a local inspection to find out whether the allegations are correct and, accordingly, the Village Officer has filed a report before this Court which is produced as Annexure 1. It is mentioned in the report that the petitioner's property is situated in the southern side of the property of the sixth respondent. The sixth respondent is removing earth from her property on the basis of the order dated W.P.(C). No.3015/2010 -:2:- 15/01/2010 of the fourth respondent. The sixth respondent's property is lying on the Southern side at a different level also. It is also stated that at present, the sixth respondent has removed earth from her property by leaving a distance of 10 meters from the boundary of the petitioner's property. At present, no damage has been caused to the petitioner's property due to the removal of earth. 3. Heard the learned Government Pleader for respondent Nos.1 to 5 and the learned counsel for the additional seventh respondent who is the Contractor engaged for removal of earth for the purpose of doubling the Chengannur-Mavelikkara Railway line. It is submitted that he is removing the earth only in compliance with the order passed by the Revenue Divisional Officer. A copy of the order of the Revenue Divisional Officer is produced as Annexure.1(a). It is submitted that if his work is delayed that will cause hardship to him as well as delay the doubling work of the Chengannur-Mavelikkara Railway line. It is submitted that the complaint raised by the petitioner is not true. 4. In Annexure 1(a), nine conditions have been imposed while granting permission to remove earth. Herein, we are concerned with condition No.5 wherein it is W.P.(C). No.3015/2010 -:3:- specified that the earth shall be removed without causing destruction or damage to the neighbouring properties and also after keeping a particular distance from the said items of properties. It is evident from Annexure 1, the report filed by the Village Officer that the sixth respondent has left a distance of 10 meters from the boundary of the petitioner's property. If the said distance is kept, normally, it will not cause any destruction to the petitioner's property. In that view of the matter, the allegations raised cannot be said to be true. But, at the same time, the Village Officer will ensure that the conditions provided for the removal of earth in Annexure 1(a) are scrupulously followed by the sixth respondent and the additional seventh respondent. The fifth respondent will conduct periodical inspection to the said property and see that the conditions are strictly complied. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms