IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 4^TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 8792 OF 2025 PETITIONER:

SALMATH, AGED 40 YEARS W/O MAKFOOR RAYAMMARAKKAR VEETTIL, CHAKKAMKANDAM, PALUVAI P.O., THRISSUR DISTRICT, PIN - 680522 BY ADVS.

BINOY VASUDEVAN SREEJITH SREENATH RINCY KHADER K.V.RAJESWARI SUSHAMA DEVI M.

SEBASTIAN N.A RESPONDENTS:

1 KADANGODE GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KADANGODE P.O., THRISSUR DISTRICT, PIN - 680584

2 SECRETARY, KADANGODE GRAMA PANCHAYAT, KADANGODE P.O.,THRISSUR DISTRICT, PIN - 680584 *ADDL.R3. THE GEOLOGIST DISTRICT OFFICE, MINING AND GEOLOGY, THRISSUR, PIN 680 020 [ADDL.R3.

*IS SUO MOTU IMPLEADED AS PER ORDER DATED

25.03.2025 IN WP(C)8792/2025].

BY ADVS.

R.RAJPRADEEP-R1,R2 SACHIN RAMESH-R1,R2 SREEDEVI S.-R1, R2 SRI. RAJEEV JYOTHISH GEORGE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAVI, J.

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WP(C) No.8792 of 2025 ------------------------------------------- Dated this the 4th day of April, 2025

JUDGMENT

The prayer in this writ petition is to quash Ext.P7 and direct the 2^nd respondent to re-issue/renew Ext.P3 and permit the petitioner to remove ordinary earth for the purpose of construction of the residential house by considering Ext.P6 application. This Court had directed the additional 3^rd respondent- the Geologist to inspect the property and submit whether the property comes under the category of hilly terrain with steep slopes.

2. The Government Pleader on instructions submitted that the additional 3^rd respondent on inspection has found that the area is not hilly terrain with steep slopes. It is also submitted that the additional 3^rd respondent has found that unless retaining walls are put up on the North, South and West, the removal of ordinary earth can cause damage.

In view of the fact that the area in question does not form part of hilly terrain with steep slopes, Ext.P8 judgment would not apply. As a result, this writ petition is allowed. Ext.P7 is set aside. There will be a direction to the respondents 1 and 2 to reconsider the application submitted by the petitioner for removal of ordinary earth and permit the same on condition that the petitioner puts up the necessary retaining wall as opined by the additional 3^rd respondent in order to safely carry out the excavation. Necessary orders shall be issued within two weeks from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE LEK APPENDIX OF WP(C) 8792/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DOCUMENT NO.1006/2022 DATED 30-06-2022 OF S.R.O.ERUMAPETTY Exhibit P2 TRUE COPY OF THE BUILDING PERMIT NO.SC2-BA (122177/2024) DATED 08-04-

2024 ISSUED BY THE 2ND RESPONDENT Exhibit P-3 TRUE COPY OF THE PERMIT GRANTED BY THE

2ND RESPONDENT INVOKING RULE 14(2) AND

14(3) OF THE KERALA MINOR MINERAL CONCESSION RULES,2015 Exhibit P-4 TRUE COPY OF THE E-CHALAN DATED 17-05-

2024,REMITTED BY THE PETITIONER AN AMOUNT OF RS.1.,86,080/-

Exhibit P-5 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 22-05-2024 Exhibit P-6 TRUE COPY OF THE REQUEST DATED 04-01-

2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P-7 TRUE COPY OF ORDER NO.400677/BPT

001/GPO/2024/3382(7) DATED 27-01-2025 ISSUED BY THE 2ND RESPONDENT AND TYPED COPY Exhibit P-8 TRUE COPY OF THE INTERIM ORDER DATED

08-08-2024 IN W.P.(C) NO.27562/2024 Exhibit P-9 TRUE COPY OF ORDER NO.329/2024-

25/DMG/2352/2024-M1 DATED 09-08-2024 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM