WP(C) NO. 31455 OF 2024 1 2025:KER:30571 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 31455 OF 2024 PETITIONER: NIYAS P AGED 43 YEARS S/O.ALAVI P., PARAKKALIL HOUSE, PUTHUKKODE P.O., MALAPPURAM DISTRICT, PIN - 673633 BY ADV SRI.K.RAKESH RESPONDENTS: 1 THE DISTRICT COLLECTOR/CHAIRMAN DISASTER MANAGEMENT AUTHORITY, CIVIL STATION, UPHILL, MALAPPURAM, PIN - 676505 2 THE SUB COLLECTOR NEAR MINI CIVIL STATION, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322 3 THE TAHSILDAR TALUK OFFICE, KONDOTTY, MALAPPURAM DISTRICT, PIN - 673638 4 THE VILLAGE OFFICER VAZHAYOOR VILLAGE, MALAPPURAM DISTRICT, PIN - 673633 5 SABEER S/O.CHEKKUTTY, THANNIKOZHIMMAL HOUSE, PUTHUKKODE P.O., MALAPPURAM DISTRICT, PIN - 678687 WP(C) NO. 31455 OF 2024 2 2025:KER:30571 6 MURSHIDA W/O.SABEER T., THANNIKOZHIMMAL HOUSE, PUTHUKKODE P.O., MALAPPURAM DISTRICT, PIN - 678687 BY ADVS. SRI.SADCHITH P KURUP SRI.C.P.ANIL RAJ(K/872/2007) SRI.SIVA SURESH(K/2688/2022) SMT.ATHIRA VIJAYAN(K/199/2024) SMT.B.SREEDEVI(K/169/2024) SRI.AJITH VISWANATH, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 31455 OF 2024 3 2025:KER:30571 JUDGMENT Dated this the 08th day of April, 2025 The writ petition is filed to direct the 1st respondent to pass necessary directions to the respondents 5 and 6 to provide adequate lateral support to the petitioner’s property in exercise of the powers under the Disaster Management Act and to finalise the proceedings in C.M.P.No.07/2024. 2. Heard; the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the respondents 5 and 6. 3. The learned Government Pleader submitted that, the 2nd respondent has already finalised the proceedings in C.M.P.No.07/2024. It is found that the dispute between the petitioner and the respondents 5 and 6 is purely civil in nature and it will be upto the aggrieved person to approach the competent civil court. WP(C) NO. 31455 OF 2024 4 2025:KER:30571 4. The learned counsel for the respondents 5 and 6 submitted that, the matter is already subjudice before the civil court. In the light of the rival submissions, the writ petition is closed, without prejudice to the right of the parties to approach the competent civil court and work out their remedies, in accordance with law. Sd/- C.S.DIAS, JUDGE NAB WP(C) NO. 31455 OF 2024 5 2025:KER:30571 APPENDIX OF WP(C) 31455/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT ISSUED FROM VAZHAYOOR VILLAGE OFFICE DATED 1-8- 2023 EXHIBIT P2 A TRUE COPY OF THE PROPERTY TAX RECEIPT OF THE RESIDENTIAL HOUSE OF THE PETITIONER ISSUED FROM CHERUKAVU GRAMA PANCHAYATH DATED, 20-6-2024 EXHIBIT P3 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED, NIL EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED, 11-6-2024 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT EXHIBIT P5 A TRUE COPY OF THE REPORT DATED, 20-6- 2024 SUBMITTED BY THE 4TH RESPONDENT TO THE FIRST RESPONDENT EXHIBIT P6 A TRUE COPY OF THE CONDITIONAL ORDER PASSED BY THE 2ND RESPONDENT UNDER SECTION 133 OF CR.P.C. DATED, 7-8-2024 EXHIBIT P7 A TRUE COPY OF THE OBJECTION DATED, 23-8- 2024 FILED BY THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED, 26-8-2024 RESPONDENT EXHIBITS EXHIBIT R5A A TRUE COPY OF THE OS NO.10/2025 DATED 14.1.2025 BEFORE MUNSIFF COURT, PARAPANAGADY EXHIBIT R5B A TRUE COPY OF THE IA NO.1/2025 IN OS 10/2025 DATED 14.1.2025 BEFORE MUNSIFF COURT, PARAPANAGADY EXHIBIT R5C A TRUE OF JUDGEMENT IN ABRAHAM THOMAS V WP(C) NO. 31455 OF 2024 6 2025:KER:30571 STATE OF KERALA (2016 (1) KLT 911) DATED 16.11.2015 EXHIBIT R5D A TRUE COPY OF THE JUDGEMENT IN VASANT MANGA NIKUMBA V BABURAO BHIKANNA NAIDU DATED 11.02.1994 EXHIBIT R5E EXHIBIT R5EA TRUE COPY OF THE DECISION IN KACHRULAL BHAGIRATH AGRAWAL V STATE OF MAHARASHTRA (2005(9) SCC 36) DATED 22.09.2004