MINI P Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows:-

(2.) Heard Smt.Sreekala A., learned counsel appearing for the petitioner, Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents 1 to 6 and 8 and Sri.R.T. Pradeep, learned Standing Counsel for the Neyyattinkara Municipality, appearing for the 7th respondent. In the nature of the orders proposed to be passed in this writ petition notice to the contesting respondent No.9 will stand dispensed with.

(3.) The case of the petitioner is that she is having property, adjacent to the property owned by the contesting respondent No.9, which is situated in Neyyattinkara village and that the petitioner is more or less permanently settled in Thiruvananthapuram city. That without knowledge and consent of the petitioner, under the guise of undertaking construction in his property, the 9th respondent has conducted large excavation of earth in the property belonging to the petitioner apart from conducting excavation from the property owned by the 9th respondent, which has lead to a situation whereby the building of the petitioner in the said property is facing imminent danger. That the 9th respondent's brother is a Municipal Councilor of the 7th respondent-Neyyattinkara Municipality, who is also the Chairman of the Standing Committee of the said Municipality and that it is in view of his influence that the 9th respondent has thus, illegally excavated large quantities of earth from the land belonging to the petitioner, etc. That the petitioner has given series of complaints to various authorities. That Exts.P-3 dated 19.09.2018 and P-7 dated 18.12.2019 are the complaints/representation given by the petitioner before the 7th respondent-Secretary of the Neyyattinkara Municipality; Ext.P-4 dated 31.07.2019 is the complaints given by the petitioner to the 2nd respondent-Director of Urban Affairs, Government of Kerala; and Exts.P-5 dated 27.12.2019 and P-11 dated 03.03.2020 are the complaints given by the petitioner before the 3rd respondent-Chief Town Planner (Vigilance), as the petitioner's grievances are not redressed. Ext.P-8 is the representation dated 18.12.2019, submitted by the petitioner before the 4th respondent-District Collector.