IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937

WP(C).No. 24873 of 2015 (H)

---------------------------------------

PETITIONER(S):

-----------------------

RAJENDRANATH V., S/O.SADASIVAN, AGED 56 YEARS,

RESIDING AT "NATH", THONDAYADU,

P.O.CHEVARAMBALAM, KOZHIKODE DISTRICT - 673 014.

BY ADVS.SRI.K.A.SALIL NARAYANAN

SRI.K.PRAVEEN KUMAR

RESPONDENT(S):

-------------------------

1. THE STATE OF KERALA, REPRESENTED BY THE

SECRETARY TO GOVERNMENT

OF REVENUE, STATE SECRETARIAT,

THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT DISASTER MANAGEMENT AUTHORITY, WYANAD,

REPRESENTED BY ITS EX-OFFICIO CHAIRPERSON,

THE DISTRICT COLLECTOR, WAYANAD - 673 576.

3. THE DISTRICT COLLECTOR, WAYANAD - 673 576.

4. THE VYTHIRI GRAMA PANCHAYATH,

REPRESENTED BY ITS SECRETARY,

VYTHIRI, WAYANAD - 673 576.

5. THE KERALA STATE DISASTER MANAGEMENT AUTHORITY,

REPRESENTED BY THE SECRETARY,

DEPARTMENT OF REVENUE,

STATE SECRETARIAT, PIN - 695 001.

R1-R3 & R5 BY SPECIAL GOVERNMENT PLEADER SRI.ABDUL SALAM

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

03-11-2015, ALONG WITH WPC. 29516/2015, THE COURT ON

THE SAME DAY DELIVERED THE FOLLOWING:

msv/

WP(C).No. 24873 of 2015 (H)

----------------------------------------

APPENDIX

PETITIONER(S)' EXHIBITS

-------------------------------------

EXT.P1: TRUE COPY OF THE SALE DEED EXECUTED IN FAVOUR OF THE PETITIONER

DATED 23/02/2013.

EXT.P2: TRUE COPY OF THE BUILDING PERMIT HELD BY THE PETITIONER AND

ISSUED BY THE SECRETARY, VYTHIRI GRAMA PANCHAYATH

DATED 04/12/2012.

EXT.P3: TRUE COPY OF THE OBJECTION CERTIFICATE ISSUED BY THE FIRE AND

RESCUE SERVICES DATED 14/02/2012.

EXT. P4: TRUE COPY OF THE ORDER ISSUED TO THE PETITIONER BY THE DISTRICT

MAGISTRATE, WAYANAD DATED 30/01/2015.

EXT.P5: TRUE COPY OF THE ORDER DATED 31/01/2015.

EXT.P6: TRUE COPY OF THE ORDER DATED 16/02/2015 OF THE DISTRICT

MAGISTRATE, WAYANAD.

EXT.P7: TRUE COPY OF THE CERTIFICATE AND REPORT ISSUED BY ZIGMA TESTING

SOLUTIONS.

EXT.P8: TRUE COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION

CONTROL BOARD TO THE PETITIONER.

EXT.P9: TRUE COPY OF THE REPORT SUBMITTED BY THE EXECUTIVE ENGINEER,

PWD BUILDINGS DIVISION.

EXT.P10: TRUE COPY OF THE REPORT SUBMITTED BY THE DIVISIONAL FOREST

OFFICER, SOUTH WAYANAD DIVISION BEFORE THE DISTRICT COLLECTOR,

WAYANAD.

EXT.P11: TRUE COPY OF THE REPORT FILED BY DISTRICT SOIL CONSERVATION

OFFICER THE BEFORE THE DISTRICT COLLECTOR.

EXT.P12: TRUE COPY OF THE REPORT SUBMITTED THE GEOLOGIST BEFORE THE

DISTRICT COLLECTOR, WAYANAD TO THE DISTRICT COLLECTOR,

WAYANAD DATED 04/03/2015.

EXT.P13: TRUE COPY OF THE REPORT OF THE ENVIRONMENTAL ENGINEER,

WAYANAD DATED 17/03/2015.

EXT.P14: TRUE COPY OF THE INSPECTION REPORT SUBMITTED BEFORE THE

DISTRICT COLLECTOR, WAYANAD.

EXT.P15: TRUE COPY OF THE ORDERS OF THE 3RD RESPONDENT DATED 30/06/2015.

msv/

-2-

-2-

WP(C).No. 24873 of 2015 (H)

----------------------------------------

EXT.P6: TRUE PHOTOGRAPHS.

EXT.P17: TRUE COPY OF THE DISASTER MANAGEMENT POLICY OF THE

GOVERNMENT OF KEALA

RESPONDENT(S)' EXHIBITS:

-----------------------------------------

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

A.MUHAMED MUSTAQUE, J.

----------------------------------------

W.P(C) Nos. 24873 & 29516 of 2015

----------------------------------------

Dated this the 3^rd day of November, 2015

J U D G M E N T

These writ petitions are filed by the permit holders from

the local authority to construct residential apartment buildings in

Wayanad District, aggrieved by the operation of Ext.P4 proceedings

of the Chairman, District Disaster Management Authority and the

District Magistrate, Wayanad, produced in WP(C) No.29516 of 2015

(which is Ext.P15 in WP(C) No.24873 of 2015).

2. There is no dispute to the effect that petitioners were issued

with pe