R.S. Rakhi vs Corporation of Thiruvananthapuram and Others

T.R. Ramachandran Nair, J.—The petitioner is having a plot in Thiruvallam Village of Thiruvananthapuram District in Survey No. 98/1-3-2 and 98/1-8, the details of which are available in paragraph 1 of the Writ Petition. The petitioner, for constructing a residential house in the above land applied for the approval of its plan. The plan was approved by the Town Planning Officer of the Corporation of Thiruvananthapuram, which is marked as Ext.P1. Ext.P2 is the building permit issued by the 1st respondent City Corporation. The petitioner has approached this Court seeking for a direction to the respondents not to restrain him from excavating his plot. It is pointed out that objections were raised in view of certain directions of this Court in the judgment in O.P.No. 7406/1997.

By interim order dated 22/05/2012, the following direction was issued by this Court:-

Prime facie I am satisfied that the petitioner is entitled for grant of an interim order. In that view of the matter, there will be a direction to respondents 3 and 4 not to interfere with the work of excavation of earth for digging the foundation for construction of the petitioner''s house sanctioned as per Exhibits P1 and P2 and removal of soil from the side for the above purpose. The petitioner, after starting the work, will inform the same to the Village Officer, who will conduct a visit and file a report before this Court.

When the matter came up for hearing the learned counsel for the petitioner submitted that the Village Officer visited the place and it was informed that for removal of the earth an application will have to be filed before the District Collector. Therefore he seeks permission to move before District Collector in the matter. The learned Government Pleader submitted that so far the petitioner has not indulged in any activities in the plot.

Accordingly, the Writ Petition is disposed of with the following direction:

The petitioner will submit required application before the District Collector and on the basis of the report of the Village Officer, and other reports if any, permission for removing earth will be granted on such terms and conditions as he thinks fit to impose. The application will be disposed of within a period of three weeks from its receipt. The petitioner will produce a certified copy of this judgment along with the application, before the District Collector.

The Writ Petition is accordingly disposed of. No costs.