JUDGMENT

These two writ petitions are connected and therefore, I am disposing of these two writ petitions by a common judgment.

W.P.(C)No.22032/2021 is filed with the following prayers:

“(1) Issue a writ of mandamus directing the 1st to 5th respondent to strictly implement stop memo issued by the 5th respondent as evidenced in Exhibit P2.

(2) Issue a writ of mandamus directing the 6th respondent to hear the petitioners Exhibit P4 and P7 objection as per rules 10 to 16 of Kerala Panchayath Rules 2019 and cancel the building permit No.B.A.210351/2021 to 8th and 9th respondent and cancel the same.

(3) To award the cost of proceedings.

(4) To grant such other reliefs deems fit and proper.”[SIC]

2. Subsequent to the filing of the above writ petition, the District Collector issued a stop memo on 12.10.2021. The same is challenged in W.P.(C) No.29456/2021. It will be better to extract the prayers in W.P.(C) No.29456/2021:

“(i) Call for the entire records leading up to Exhibit P5 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions;

(ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 2nd respondent to issue mineral transit passes to the petitioner for the removal of earth from the properties owned by him, for the construction of the residential houses, as per Exhibits P2 and P3 building permit and development permit, forthwith;

(iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.”[SIC]

3. When these two writ petitions came up for consideration on 04.03.2022, this Court passed the following order:

“These writ petitions are concerning the construction of certain villas in a property. In W.P.(C) No.22032/2021, the petitioners challenge the grant of building permit and in W.P.(C) No. 29456/2021 the petitioners challenge the stop memo which has been issued by the District Collector stating that there is a likelihood of shortage of water if soil is excavated, as proposed.

2. After hearing the parties, I am of the opinion that it would be desirable to get a report from the second respondent, the District Geologist, Kottayam district, regarding the feasibility of development of the land. The second respondent is directed to inspect the properties of the petitioner in W.P.(C) No.29456/2021 and file a report regarding the manner in which the development permit can be exploited by the petitioner, addressing the concern which is stated in Ext.P5. The report shall be filed within three weeks.

Post the writ petition on 30.03.2022.”

4. As directed in the above order, a report is filed by the District Geologist, dated 31.03.2022. The relevant portion of the report is extracted hereunder:

“In compliance with the order of the Hon'ble Court the site was inspected from the office of this respondent on 30.03.2022. The said area in Block 10 Re.survey No.32/5 comprising of 1.6504 Hectares of land is located towards the North of Kalatoor – Vembally Road. The said land has an irregular topography, the area towards the East of the said land is almost flat and has the same level with the adjacent road. The area towards the western portion has irregular topography which sloping towards the South. A huge quantity of the ordinary earth has to be excavated from the said area in order to level the land up to the level of the road. This will make a havoc situation since there are residential building and properties of people towards the North West and West portion of the land from where ordinary earth is intended to be excavated. The depth of excavation of the ordinary earth will almost reach 20-25 meters towards the North and North West portion which will surely affect the stability of the land and the environmental condition of the area including the ground water level. Hence it is not advisable to excavate the ordinary earth from the entire hillock. If at all needed the petitioner can level the land which is located i