IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
K. GANGADHARAN NAIR – Appellant
Versus
MALAYALAPPUZHA GRAMAPANCHAYATH – Respondent
WP(C) NO. 20537 OF 2025
| Table of Content |
|---|
| 1. relief sought for unauthorized construction demolition. (Para 1) |
| 2. affidavit confirms implementation of demolition. (Para 2 , 3 , 4) |
| 3. writ petition disposed without retaining further. (Para 5) |
JUDGMENT
This Writ Petition (C) is filed seeking the following relief:
" a. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to forthwith implement Exhibit P2 final order dated 28.03.2025 and ensure full and final demolition of the unauthorized construction by the third respondent as directed in the final order. "
[SIC]
2. When this case came up for consideration on
27.10.2025, this Court passed the following order:
" The 1st and 2nd respondent will implement Exhibit P2, if it became final and file an affidavit before this court within a period of one month.
Post on 01.12.2025."
3. Again, when the case came up for consideration on
02.12.2025, this Court passed the following order:
" If Exhibit.P2 become final, the 1st and 2nd respondent will do the needful to implement Ext.P2 and the 2nd respondent will file an affidavit before this Court, after implementing the same, within a period of six weeks.
Post on 14.01.2026."
4. Now, an affidavit is filed by the respondent Nos.1 and 2.
It will be better to extract the same:
" 1. I am the 2nd respondent and the secretary of the 1st respondent panchayat in the above case and hence conversant with the facts of the case. I am swearing this affidavit on behalf of the 1st respondent panchayat as well.
2. The writ petition is filed by the petitioner seeking to issue a writ of mandamus or any appropriate writ, order or direction directing the 2nd respondent to forthwith implement Exhibit P2 final order dated 28/03/2025 and ensure full and final demolition of the unauthorized by the third respondent as directed in the final order, among other reliefs.
3. It is humbly submitted that Exhibit P2 final order has been implemented. The unauthorized construction stated in Exhibit P2 final order has been demolished. The true copy of photos demolishing the unauthorized construction in the building of 3rd respondent is produced herewith and marked as Exhibit R1C
4. The above said document ought to be accepted by this Hon’ble Court for a fair adjudication of the case. In the above circumstances, I am filing a separate petition along with this affidavit which may be allowed or else the petitioner will be put to irreparable loss and injury. "
5. If that is the case, this writ petition need not be retained here. If there is any fresh cause of action to the petitioner, the same is left open, and the petitioner is free to do the needful in accordance with law.
Recording the affidavit filed by the respondent Nos.1 and 2, this Writ Petition is disposed of.
Sd/-
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