2025:KER:24911 WP(C) NO. 8495 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 8495 OF 2025 PETITIONER: K. SREEJITH, AGED 34 YEARS S/O. KUMARAN, KALLOR HOUSE, PUNNAYOORKULAM P.O, THRISSUR, PIN - 679561 BY ADVS. RAJIT HEMANTH H. SRUTHI RAJIT RESPONDENTS: 1 THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, PIN - 680003 2 VADAKKEKAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, J2V7+96G, GURUVAYUR - ALTHARA - PONNANI RD, VYLATHUR, THRISSUR DISTRICT, PIN - 679562 2025:KER:24911 WP(C) NO. 8495 OF 2025 2 3 THE SECRETARY, VADAKKEKAD GRAMA PANCHAYATH, GURUVAYUR - ALTHARA - PONNANI RD, VYLATHUR, THRISSUR DISTRICT, PIN - 679562 4 ABDUL GAFOOR, AMBALATH HOUSE, VAILATHUR P.O, THRISSUR DISTRICT, PIN - 679562 5 SHERINA ABDUL GAFOOR, AMBALATH HOUSE, VAILATHUR P.O, THRISSUR DISTRICT, PIN – 679562 BY ADV SHRI.R.RENJITH,S.C, SMT.AMMINIKUTTY.K, SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24911 WP(C) NO. 8495 OF 2025 3 JUDGMENT The petitioner is aggrieved by illegal construction made by the respondents 4 and 5. According to the petitioner, even though Ext.P6 provisional order under Section 235W(1) was issued to the party respondents as early as on 19.01.2024 further proceedings have not been initiated. It was in these circumstances, this writ petition was submitted seeking the following reliefs: “(i) Issue a writ of Mandamus or any appropriate writ, order or direction commanding the respondents 2 & 3 to immediately take follow- up action in Ext-P6 and finalize the proceedings thereto. (ii) Issue a writ of Mandamus or any appropriate writ, order or direction commanding the 3rd respondent to take appropriate against respondents 4 and 5 under the provisions of the Panchayat Raj Act for violation of the orders passed by the 3rd respondent. (iii) Such other relief’s as this Hon’ble Court deems fit to grant in the nature of this case.” Today when the matter came up for consideration, the learned Standing Counsel appearing for the respondents 2 and 3 submitted 2025:KER:24911 WP(C) NO. 8495 OF 2025 4 that final order based on Ext.P6 is already passed and based on the same the unauthorized constructions carried out by the party respondents were already removed. Thereafter, an application was submitted by the party respondents seeking regularization of the some of the construction and considering the same regularization was also granted as per Resolution dated 24.09.2024. In such circumstances, the reliefs sought by the petitioner have become infructuous. Accordingly, this writ petition is closed without prejudice to the right of the petitioner to approach this Court again in case of any fresh cause of action. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:24911 WP(C) NO. 8495 OF 2025 5 APPENDIX OF WP(C) 8495/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 07.03.2024 Exhibit P2 A TRUE COPY OF THE LETTER FORWARDED BY THE 2ND RESPONDENT TO THE ASSISTANT ENGINEER DATED 05.12.2023 Exhibit P3 A TRUE COPY OF THE REPLY NOTICE ISSUED BY THE ASSISTANT ENGINEER TO THE 3RD RESPONDENT DATED 30.12.2023 Exhibit P4 A TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT DATED 19.01.2024 Exhibit P5 A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO ABDUL RAHMAN, ISLAMIC CENTRE CHARITABLE SOCIETY DATED 20.02.2024 Exhibit P6 A TRUE COPY OF THE NOTICE DATED 19.01.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P7 A TRUE COPY OF THE ORDER OF THE HUMAN RIGHTS COMMISSION DATED 10.06.2024