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2026 Supreme(Online)(Ker) 17273
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
GOVINDA RAMAN PILLAI – Appellant
Versus
THE DISTRICT COLLECTOR, COLLECTORATTE – Respondent
WP(C) NO. 35230 OF 2019
For the Appellants/Petitioners: SRI.T.A.UNNIKRISHNAN, SRI.K.K.AKHIL
For the Respondents: SRI.GEO PAUL, SRI.C.R.PRAMOD, SMT.RADHIKA RAJASEKHARAN P, SRI.NAVEEN T.U., SRI.JIMMY GEORGE, GOVERNMENT PLEADER
The court emphasized the obligation of authorities to act under applicable laws for public safety concerning land excavation and structural integrity.
Headnote:The writ petition concerns land sliding due to indiscriminate excavation, seeking action against the 4th respondent to construct a compound wall as directed under the Disaster Management Act and other provisions. The court found the 4th respondent ready to rebuild a retaining wall and permitted construction within three months. The court disposed of the writ petition with these directions.
| Table of Content |
|---|
| 1. petitioner seeks remediation for land integrity. (Para 1) |
| 2. 4th respondent permitted to restore wall. (Para 2) |
JUDGMENT
Dated this the 10th day of March, 2026 The writ petition has been preferred being aggrieved by sliding of land due to indiscriminate excavation of earth. The petitioner seeks a direction to respondents 1 to 3 to take appropriate action compelling the 4th respondent to construct a compound wall, as directed in Ext. P2, by invoking the powers conferred under the provisions of the Code of Criminal Procedure , the Disaster Management Act , and the Mineral Concession Rules .
2. When the matter was taken up today, the learned counsel appearing for the 4th respondent submitted that the 4th respondent is ready to reconstruct the retaining wall that had been constructed earlier but was subsequently damaged due to natural calamities.
In the above circumstances, the 4th respondent is granted permission to construct the retaining wall within a period of three months from the date of receipt of a certified copy of this judgment.
With these directions, the writ petition is disposed of.
Sd/-
