SARASU Vs. DISTRICT COLLECTOR KOTTAYAM

JUDGEMENT

(1.) I am considering these writ petitions together on account of the interlayered factual circumstances presented therein and because the reliefs to be granted in one will certainly depend upon the reliefs to be granted in the other.

(2.) W.P.(C).Nos.23857 of 2017 and 22972/2019 have been filed by two individuals by name Smt.Sarasu and Smt.Sindhu.C, alleging that the Indian Pentecostal Church (Philadelphia) (which will hereinafter be referred as "Church" for short) is making a construction in the property adjacent to theirs' and is attempting to remove large amount of ordinary earth under such guise, which will rob their properties of its lateral support leading to unspeakable and irreparable damage to their lives and their properties. Smt.Sarasu and Smt.Sindhu, therefore, pray that the Church be injuncted from removing ordinary earth from their property and their construction be interdicted, until and unless, they provide adequate lateral support to their properties, by construction of a retaining wall on all sides.

(3.) While so, W.P.(C).No.10801/2018 has been filed by the Church, alleging that merely because W.P. (C).N0.23857/2017 is pending before this Court, the Senior Geologist, Kottayam is refusing to allow removal ordinary earth as per the Development Permit already obtained by them. They assert that, as is evident from Ext.P3 Development Permit issued by the respondent-Kottyam Municipality, they have been permitted to remove 3200 Metric Tonnes of earth for the purpose of development of their property, but that the Geologist is refusing to allow them to do so, solely citing the afore reason. The Church, therefore, prays that Ext.P10 in this writ petition be quashed and the 4th respondent-Geologist be directed to consider their application, namely Ext.P8, in terms of law.