J U D G M E N T

The petitioners are aggrieved by the dangerous position of their residential building, because of the lie of the adjacent properties in northern and eastern boundaries in a higher level stating that it is likely to fall down on their house endangering the life of the petitioners. Petitioners have filed this writ petition seeking a direction to respondents 2 to 5 to permit them to remove the soil from the eastern and northern side of their residential building, pointing out that they had already submitted complaints before the RDO and

Exts.P5 to P7 reports were already furnished recommending removal of soil from the adjacent properties.

2. The learned Government Pleader submitted that since soil has to be removed permission from the Geologist is necessary. It is also stated that the RDO had called for a report from the Panchayath and the same has not been received.

3. As the petitioners have been before the authorities for the last several years pointing out the dangerous condition in which the residential building is situated, there shall be a direction to the Revenue Divisional Officer to take further follow up action on Ext.P4 complaint submitted by the petitioners. The RDO would be free to call for or obtain consent from the Geologist for removal of the soil. The Panchayath shall submit a report before the RDO, which is already called for by the RDO. As the matter is pending since the year 2018, entire proceedings shall be completed at the earliest, at any rate, within a period of 'three months' from the date of receipt of a copy of the judgment.

The writ petition is disposed of accordingly.

Sd/- P.V.ASHA, JUDGE

AS

APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE SETTLEMENT DEED NO. 2907/2013 F PIRAVOM SRO DT.

30.12.13. EXHIBIT P2 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 26/4/2019 ISSUED FROM MEMMURY VILLAGE OFFICE.

EXHIBIT P3 HE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONERS FROM MEMMURY VILLAGE OFFICE DATED

21.12.218. EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE 3RD RESPONDENT DATED 14.08.2018 EXHIBIT P5 THE TRUE COPY OF THE REPORT FORWARDED BY THE 5TH RESPONDENT TO THE OFFICE OF THE 4TH RESPONDENT DATED 23.11.18.

EXHIBIT P6 THE FORWARDING LETTER ISSUED BY THE 4TH RESIDENT TO THE OFFICE OF THE 3RD RESPONDENT DATED 10.12.2018.

EXHIBIT P7 THE FORWARDING LETTER ISSUED BY THE 3RD RESPONDENT TO THE OFFICE OF THE 2ND RESPONDENT DT. 1/1/19. EXHIBIT P8 THE PHOTOGRAPHS SHOWING THE DANGEROUS POSITION OF THE LANDS IN THE NORTHERN AND EASTERN BOUNDARIES OF THE PETITIONER'S RESIDENTIAL BUILDING.