IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5947 of 2009(K)
1. JAYAN, S/O.MADHAVAN PILLAI, AGED 44
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETARY
... Respondent
2. THE SECRETARY,
3. THE VILLAGE OFFICER,
For Petitioner :SRI.D.SAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :25/02/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.5947 OF 2009
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Dated this the 25th day of February, 2009.
JUDGMENT
Petitioner submits that he owns 2.42 ares of land in
R.S.No.131/6 of Thiruvallam Village. According to the
petitioner he intends to construct a residential house in the
plot and he has already obtained Exts.P2 permit and P3
plan approved from the 2nd respondent. It is stated that for
the purpose of starting the work he wanted to level the land
and when he started the said work, the 3rd respondent has
prevented him from doing the same. It is therefore this
writ petition has been filed praying that the 3rd respondent
be directed to permit the petitioner to excavate the soil
from the property in order to level the same for the purpose
of constructing a residential building.
2. Counsel for the petitioner relies on Exts.P4 to P6,
the judgments rendered by this court, where dealing with
WP(c).No.5947/09 /2/
identical situation, this court has directed that for construction
of residential house as in this case the petitioner therein shall
be permitted to do the work. I have gone through Exts.P4, P5
and P6 judgments and I am satisfied that the case of the
petitioner is covered by the aforesaid judgments.
3. In view of the similarity of the facts I direct that the
petitioner be permitted to level the property referred to
above, in order construct a residential house on the strength
of Ext.P2 permit and Ext.P3 approved plan.
Petitioner shall produce a copy of the judgment before
the 3rd respondent for compliance.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.5947/09 /2/