IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 6^TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 WP(C) NO. 19930 OF 2015 PETITIONERS:

1 AKSIN GEORGE, S/O.GEORGE, AGED 33 YEARS THOATTATHIMALAHIL, MANAVALAN VEETI, EZHAKKARANADU, MANEEDU, ERNAKULAM DISTRICT, REPRESENTED BY HIS P/A. HOLDER GEROGE.

2 ANU MATHEW, AGED 28 YEARS, D/O.JOHN MATHEW, NOORJAHAN, THOATTATHIMALAHIL, MANAVALAN VEETI, EZHAKKARANADU, MANEEDU, ERNAKULAM DISTRICT, REPRESENTED BY HIS P/A.HOLDER GEROGE.

BY ADVS.

SRI.C.M.NAZAR SRI.MANSOOR.B.H.

RESPONDENTS:

1 MANEED GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, MANEED P.O., ERNAKULAM DISTRICT, PIN-685 864.

2 THE DISTRICT GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, KAKKANAD.

3 STATION HOUSE OFFICER PIRAVOM POLICE STATION, ERNAKULAM DISTRICT.

BY ADVS.

SMT.SHEEBA V.GEORGE SRI.SUNU P.JOHN, SC SRI B S SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P. V. KUNHIKRISHNAN, J.

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W.P(C).No.19930 of 2015 -------------------------------------------

Dated this the 6^th day of February, 2024

JUDGMENT

The above Writ Petition is filed with the following prayers:

1) To call for the records leading to Ext P5 and quash the same by issuing a writ of certiorari.

2) To direct the respondents 1 and 3 not to interfere with the extraction, removal and transportation of earth from the property covered by Ext P1 and not to cause obstruction in any manner.

3. To declare that Ext P5 resolution passed by the first respondent Panchayath is illegal and nonest and without any authority.

[SIC]

2. When this Writ petition came up for consideration on

02.07.2015, this Court passed the following order:

‘Heard. Admit.

Issue notice to R1 by speed post. The learned GP takes notice for R2 & R3.

The respondent panchayath is directed not to implement Ext.P5 against the petitioners if they have undertaken the construction and removal of earth from the work site on the basis of a valid permit.’

3. In the light of the above order, no further order is necessary.

Therefore, recording the order dated 02.07.2015, this Writ Petition is closed.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 19930/2015 PETITIONER EXHIBITS EXT.P1. TRUE COPY OF THE BUILDING PERMIT BEARING NO.A4/2833/2014 DATED 26/9/2014.

EXT.P2. TRUE COPY OF THE JUDGMENT DATED 15/12/2014 IN WPC

33779/2014.

EXT.P3. TRUE COPY OF THE APPLICATION DATED 22/12/2014 AND ITS RECEIPT EXT.P4. TRUE COPY OF THE CHALAN RECEIPT DATED 7/2/2015.

EXT.P5. TRUE COPY OF THE RESOLUTION DATED 24/7/2007 PASSED BY THE 1ST RESPONDENT EXT.P6. TRUE COPY OF THE INTERIM ORDER IN WPC NO.5603/2015.