High Court Kerala High Court

Sunil.C.V vs The Village Officer on 25 March, 2009

Kerala High Court
Sunil.C.V vs The Village Officer on 25 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9596 of 2009(T)


1. SUNIL.C.V, S/O.VELAYUDHAN,CHENTHURUTHY
                      ...  Petitioner

                        Vs



1. THE VILLAGE OFFICER,POYYA GROUP VILLAGE
                       ...       Respondent

2. THE SUB-INSPECTOR OF POLICE, MALA POLICE

                For Petitioner  :SRI.MANSOOR.B.H.

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :25/03/2009

 O R D E R
                    ANTONY DOMINIC,J.
                ---------------------
                 W.P.(C).No.9596 OF 2009
              ------------------------
            Dated this the 25th day of March, 2009.

                          JUDGMENT

Petitioner states that he is the absolute owner in

possession of 15.4.cents of land in Survey No.165/1 of

Madathumpady Village in Kodungallur Taluk. According to

him in order to make a portion of the plot suitable for

construction of a residential plot, he wanted to remove soil

from the land for leveling the same. Counsel also refers to

Ext.P5 building permit that was obtained. Petitioner states

that he attempted to make an application to the first

respondent, but however the same was declined to be

accepted. There upon, the writ petition is filed contending

that in view of Exts.P7 to P10 judgments petitioner is

entitled to remove the soil

2. From the facts stated above, it is seen that the case

of the petitioner is that he wanted to make application but

WP(c).No.9596/09 /2/

the same was declined to be accepted by the first respondent.

Taking into account the above averment, I direct that it

will be open to the petitioner to make an application before

the first respondent, in which case the same will be accepted

by the first respondent, and orders will be passed, as

expeditiously as possible and at any rate within four weeks

from the date of production of a copy of the judgment, taking

into account Exts.P7 to P10 judgments.

Petitioner shall produce a copy of the judgment before

the first respondent along with a copy of the writ petition for

compliance.




                                    (ANTONY DOMINIC)
                                          JUDGE
vi/

WP(c).No.9596/09    /2/