JUDGMENT

The above writ petition is filed with following prayers :

“(i) To call for the entire records leading to Ext.P6;

(ii) To declare that there is gross arbitrariness, maladministration, corrupt practice, illegalities and irregularities in issuing Ext P6 order;

(iii) To issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P6 order;

(iv) To issue appropriate writ, order or direction to the Respondent No.2 to pursue legal action against the 8th respondent and her husband for the extraction of ordinary earth and posing serious threat to the life of the residents including the petitioners;

(v) To issue appropriate writ, order of direction for taking all safety practices and ensuring strict compliance of the rules authorizing mechanical devices for extraction has been made with a view to promote safety of people;

(vi) To issue such other appropriate writ, order or direction that are deemed fit and appropriate in the nature and circumstances of this case;

(vii) Allowing the costs of this proceedings “ [SIC]

2. The petitioners are residents of Sultanpadi ST colony (ഊരര) situated in ward No. IV of Chungathara Grama Panchayat in Nilambur Taluk at Malappuram District. There are 18 families in this colony and the families includes children and aged persons. It is the definite case of the petitioners that they are aggrieved by the excavation of ordinary earth using JCB and other soil digger machines by the 8th respondent. The 8th respondent has got a property having 33 cents in Survey No. 75/3-1 in Block No. 98 of Chungathara Village in Ward No.IV of Chungathara Grama Panchayat. According to the petitioners, the 8th respondent is the owner in possession of the above said land. Under the guise of a building permit issued by the 4th respondent – Panchayat to construct a residential building therein, he is doing excavation of ordinary earth and leveling a hill, which will result in serious life threat to the residents of the ST colony. It is also the case of the petitioners that the earth is being removed from the property and carried out in vehicles.

It is also stated that when the lateral support is lost, the rocks which are on the top of the said property will start falling down on the top of the houses of the petitioners. It is also stated that in rainy season, there is a chance of mudslip and likelihood of repetition of Kavalappara Tragedy, which is on the other side of the present hill. It is the case of the petitioners that when the residents of the colony including the petitioners started serious protest, the 8th respondent filed W.P.(C.) No. 9020/2022 before this Court for police protection. It is the case of the petitioners that the 8th respondent suppressed real facts and without making the petitioners and other residents of the ST colony as party to it, obtained orders from this Court. According to the petitioners, there is danger to the life and property of the petitioners and other residents of the colony.

3. Heard the learned counsel for the petitioners, the learned Government Pleader and the learned counsel appearing for the 8th respondent.

4. The petitioners are mainly challenging Ext.P6 order.

The apprehension of the petitioners is that if the ordinary earth is indiscriminately excavated from the property of the

8th respondent, there will be danger to the life and property of the petitioners. The 7th respondent filed a statement before this Court. It will be better to extract the relevant portion of the statement.

“5. On 8.3.2022 while it is started to excavate the soil from the above said land owned by Safiya, the inhabitants of the colony came there and questioned the petitioner in connection with the excavation of soil. They expressed their anxiety in the excavation activity. They fear that it can cause landslides if it starts to excavate soil form the land. Moreover, rock falls also are expected by loosening of rocks as result of soil excavation. The nearby resident other than colony residents a