WP(C) NO. 3565 OF 2018 1 2025:KER:26095 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 3565 OF 2018 PETITIONERS: 1 BHAGAVATHIKUM PADINJARU PARISTHIDI SAMRAKSHANA SAMITHI, REPRESENTED BY THE PRESIDENT DR.K.P.KRISHNAN KUTTY, AGED 68 YEARS, S/O. PARAMESWARA KURUP, RESIDING AT KUNNAMPALLIL HOUSE, BAHGAVATHIKUM PADINJARU,KEERUKUZHI P.O., PATHANAMTHITTA - 689 502. 2 BHAGAVATHIKUM PADINJARU PARISTHIDI SAMRAKSHANA SAMITHI, REPRESENTED BY THESECRETARY K.G. MOHANAN PILLAI, AGED 66 YEARS,S/O. GOVINDA PILLAI, RESIDING AT MOHANA VILASAM,BHAGAVATHIKKUMPADINJARU, KEERUKUZHI P.O., PATHANAMTHITTA - 689 502. BY ADVS. B.KRISHNA KUMAR A.CHANDRA BABU RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS CHIEFSECRETARY, GOVERNMENT SECRETARIAT,STATUTE, THIRUVANANTHAPURAM - 695 001. 2 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT – 689001. 3 THE DISTRICT POLICE CHIEF PATHANAMTHITTA DISTRICT - 689001. WP(C) NO. 3565 OF 2018 2 2025:KER:26095 4 THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION,ARANMULA PO., PATHANAMTHITTA DISTRICT - 689533. 5 THE SECRETARY PANDALAM THEKKEKARA GRAMA PANCHAYATH,PANCHAYATH OFFICE, THATTAYIL P.O.,PATHANAMTHITTA DISTRICT - 691 525. 6 HARIPRASAD AGED 53 YEARS, S/O. UNNIKRISHNAN NAIR,KOYIPURATHU THEKKETHIL THARAVADU,MUTHUKULAM NORTH, CHOOLATHERUVU,ALAPPUZHA – 690506.. BY ADVS. SRI.JOHN MATHEW SRI.MATHEW JOHN JMA SMT.A.SALINI LAL SRI.R.SUNIL KUMAR OTHER PRESENT: SMT.SURYA BINOY, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 3565 OF 2018 3 2025:KER:26095 MOHAMMED NIAS C.P., J ............................................................ W.P.(C) No.3565 of 2018 ............................................................. Dated this the 26th day of March, 2025 JUDGMENT The writ petition is filed challenging Ext.P4 building permit issued by the 5th respondent in favour of the 6th respondent, alleging that he is extracting red earth without permission and razing a hillock. 2. This Court directed the 5th respondent, Panchayat to file a statement, as to what transpired after the issuance of Ext.P4 permit. The Panchayat was also directed to indicate whether the permit had expired or whether any construction was made. Pursuant to the above direction, the statement was filed on 25.03.2025 which states that after the issuance of Ext.P4 permit, no soil was removed and no residential building was constructed. Thereafter, the 6th respondent sought a building permit for the construction of a commercial building and a permit was granted on 02.08.2019 for a floor area of 323.97 sq.m. It is stated that the construction is over and the building was assessed to tax. It is WP(C) NO. 3565 OF 2018 4 2025:KER:26095 also stated that no soil was removed as allowed under the land development permit. The statements made by the Panchayat are recorded. In view of the above, nothing survives for consideration in this writ petition, which is closed as infructuous. Sd/- MOHAMMED NIAS C.P. JUDGE Anu WP(C) NO. 3565 OF 2018 5 2025:KER:26095 APPENDIX OF WP(C) 3565/2018 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE W.P(C) 21267/2017 WITH TRANSLATION EXHIBIT-P2 TRUE COPY OF THE JUDGMENT DATED 25/10/2017 IN W.P(C) 21267/2017 EXHIBIT-P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 5TH RESPONDENT WITH TRANSLATION EXHIBIT-P4 TRUE COPY OF THE PERMIT DATED 07/12/2017