Manikuttan vs Disaster Management Authority Thrissur And Ors

Admit. Government pleader takes notice for the respondents.

The petitioner who is the owner of 39.15 ares of property comprised in survey numbers 1246/1, 1246/2 and 1246/3 of Madakkathara village in

Thrissur taluk had applied for permit to remove ordinary earth which had accumulated behind this residential house during the floods and is a threat to

this residential building. It is stated that the application was filed on 7.11.2018 and that on 9.1.2019, the 3rd respondent had issued orders permitting the

petitioner to remove the ordinary earth situated dangerously. This was followed by subsequent orders on 22.3.2019 and 6.5.2019, since the petitioner

could not remove the entire quantity of the ordinary earth. It is the case of the petitioner that even though the validity of the permit was extended on

6.5.2019, he could not remove the entire earth. In the circumstances, he states that he submitted an application on 5.4.2021, which is produced as

Exhibit P5 along with the writ petition. Exhibit P6 is the receipt issued by the 2nd respondent evidencing the receipt of Exhibit P5 application. The only

prayer in the Writ Petition is that the 2nd respondent may be directed to consider and pass orders on Exhibit P5 application at the earliest, since the

monsoon is fast arriving.

Heard.

Having regard to the limited prayer made in the Writ petition, the 2nd respondent is directed to consider and dispose of Exhibit P5 application in

accordance with law, at the earliest, at any rate within 6 weeks from the date of receipt of a copy of this judgment.

The Writ petition is disposed of as above.