LAWS(KER)-2012-12-131

SANTHOSH Vs. REVENUE DIVISIONAL OFFICER

Decided On December 18, 2012
SANTHOSH Appellant
V/S
REVENUE DIVISIONAL OFFICER Respondents

JUDGEMENT

(1.) THE writ petition is filed by the petitioner seeking for a direction to the first respondent to grant sufficient time for removal of red soil in terms of the permits granted.

(2.) THE requirement of the petitioner has been explained in para.2 of the writ petition. He is having an extent of 23.59 Ares of property comprised in Re-survey No.886/1/1 in Block No.2 of Sooranadu North Village. The petitioner was granted a building permit as per Ext.P2 by the Sooranadu North Grama Panchayat and thereafter he took steps to excavate soil from the property. He was informed by the third respondent not to remove the soil from the property without permission from the first respondent and thereafter the petitioner filed an application before the first respondent in the matter as per Ext.P3.

(3.) LEARNED Government Pleader after getting instructions submitted that a fresh order has been passed on 17/11/2012 after getting report from the Village Officer. Along with I.A.No.17072/2012, the petitioner has produced a copy of the said order as Ext.P9. Therein, the petitioner has been granted permission to excavate soil for three days, namely, 27/11/2012, 28/11/2012 and 29/11/2012. It is submitted by the learned counsel for the petitioner that the petitioner could not execute the work based on Ext.P9 since it was obtained only belatedly. It is in these circumstances, the petitioner has filed a fresh request before the Revenue Divisional Officer as per Ext.P10.