LAWS(KER)-2025-7-38

PRADEEP KUMAR P. Vs. STATE OF KERALA

Decided On July 30, 2025
Pradeep Kumar P. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This Public Interest Litigation highlights the absence of ways to inform the authorities when the excavation of hill slopes exceeds the permissible limits posing threat of slope destabilization.

(2.) The Petitioners are residents of Chelannur Panchayath, Kozhikode. The Respondents are the District Collector, Revenue Officers, District Geologist, National Highway Authority of India, the Kerala State Pollution Control Board, and the contractor engaged by the National Highway Authority.

(3.) The petition was filed alleging that soil extraction is being carried out in connection with the construction of the National Highway from Kasaragod to Thiruvananthapuram, where soil was extracted beyond the permissible limits altering the hill topography and causing severe environmental damage with the risk of landslides. The excavation carried out on the hill has affected an area having more than 100 residents with schools and temples nearby and also polluting the river. The District Geologist visited the site and submitted a report stating that the conditions of the quarrying permit were violated. The Geologist submitted a report on 4/12/2024 cautioning that there is now a high possibility of the bund falling down during heavy rains and flooding the nearby roads and houses. The Petitioners filed this petition seeking directions to immediately halt the unscientific excavation of excessive soil and to implement adequate safety measures, including slope stabilization, to prevent further harm to the residents.