P.V. SHERIEF Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner, aggrieved by an order, Ext.P4 issued by the District Collector restraining the petitioner from removing soil from a portion of his property. He had already obtained permission for constructing a shopping complex. Learned counsel for the petitioner submitted that after receipt of the order of stay, the petitioner filed a representation before the District Collector as per Ext.P7, seeking to vacate the same. On behalf of the second respondent, a counter affidavit has been filed, in which it is stated in para 4 that on conducting a site inspection on 23.6.2010, it was found that soil has already been removed covering an extent of 22.37 ares and the construction of shop building has just been started. Therefore, learned Government Pleader submitted that it is not required for the petitioner to remove any further quantity of soil from the area. This is the stand taken by the 10th respondent also.

(2.) I am not going into the merits of the matter, since it is submitted by the learned counsel for the petitioner that the averments contained in para 4 of the counter affidavit filed by the second respondent are not not correct and he has not removed that much quantity of soil. Therefore, it is upto the District Collector to hear the parties and take a decision in accordance with law. Accordingly, there will be a direction to the District Collector to pass an appropriate order after hearing the petitioner and the party respondents 8 to 10, within a period of two months from the date of receipt of a copy of this judgment.