JUDGMENT

W.P(C) No.26595/2019 has been filed seeking implementation of Ext.P6 order dated 09.01.2018 passed by the Revenue Divisional Officer, Thiruvananthapuram and also for a declaration that the excavation of the soil from the property of the petitioner by the adjacent owners, the party respondents, is illegal. The petitioner submits that he owns the property measuring 11 cents in Re- survey No.528/7. The adjoining slopping agricultural land on the southern side of the petitioner’s property used for tapioca cultivation was owned by the 6th respondent and due to the unauthorised excavation of the soil from the base of the petitioner’s compound wall and old house to a depth of 20 feet by the 6th respondent, the owner of the adjacent property, a portion of the petitioner’s compound wall collapsed to a depth of about 20 feet resulting in total damage to his compound wall leaving the old house in danger. It is alleged that the said incident occurred on 30.05.2010. It is further stated that the present owner, the 7th respondent, refused to construct a strong retaining wall and when there was no response, he brought the matter to the notice of the Thiruvananthapuram Corporation and also