IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30133 of 2008(K)
1. YOHANNAN, S/O.MATHAI, PARAYIL HOUSE,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. THE TAHSILDAR, KOTHAMANGALAM.
4. THE SUB INSPECTOR OF POLICE,
5. KUNJAN PILLAI, S/O.KELA, NEELAMVELIL
6. PARU, W/O.KUNJAN PILLAI,
For Petitioner :SRI.P.V.ELIAS
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :23/10/2008
O R D E R
V.GIRI, J
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W.P.(C).30133/2008
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Dated this the 23rd day of October, 2008
JUDGMENT
Petitioner complains of illegal excavation of clay by
respondents 5 and 6 from their property, which is
situated adjacent to the property of the petitioner.
Complaining of loss of lateral support to her property,
petitioner’s wife instituted O.S.No.211/2008 before the
Munsiff Court, Muvattupuzha. Same was dismissed and
an appeal against the same as A.S.No.108/2008 is
pending before the Sub Court, Muvattupuzha. Petitioner
filed Exts.P1 and P2 representations before the District
Collector and the RDO complaining of illegal excavation
of sand. In as much as the issue seems to be pending
before the Sub Court, I do not think this is a fit case
where this Court should interfere in the matter. But I
make it clear that respondents 1 and 2 shall look into the
petitioner’s allegations regarding unauthorized removal
of sand and take necessary action.
Subject to the above, writ petition is disposed of.
V.GIRI,
Judge
mrcs