ALIYAMMA IPE Vs. STATE OF KERALA

JUDGEMENT

(1.) BOTH the petitioners are aggrieved by Ext.P6 order passed by the District Collector, whereby permission has been granted for removal of earth for construction of a residential house by respondents 7 and 8.

(2.) ACCORDING to the petitioners, they are nearby residents. The allegation is that respondents 7 and 8 are owners of 54.80 ares of garden land in various survey numbers mentioned in paragraph 2 of the writ petition. They purchased the same in the year 2011. It is pointed out that they wanted to level the property after removing soil on a false plea that the same is required for the construction of a residential building. Ext.P2 is the permission granted by third respondent, RDO. It is pointed out that violating the conditions therein, large scale removal of soil has been attempted. A suit, O.S.125 of 2012 is pending before Munsiff Court. Ext.P3 is the copy of the commission report dated 14.3.2012. Petitioners challenged Ext.P2 order by filing appeal. Final order has been passed as per Ext.P6 by the District Collector.

(3.) LEARNED counsel for the petitioners submitted that the anxiety of the petitioners is that mention is made in Ext.P6 about a report of the Geologist to the effect that permission can be granted for removal of earth upto a depth of 5o metres, which is not correct.