The petitioner is stated to be the owner of 5.360

cents of property in Survey Nos.360/7/1 and 414/1/1

of North Paravur Village, situated in Ward No.6 of the

2^nd respondent Grama Panchayat, which is covered by

sale deed Nos.2218/1998 & 5752/2004 of the Sub

Registrar Office, North Paravur. The 4^th respondent is

the adjacent property owner. The grievance of the

petitioner is that the 4^th respondent had made certain

unauthorised constructions in his property, in violation

of the provisions under the Kerala Panchayat Building

Rules, 2011. Therefore, the petitioner has filed this

writ petition under Article under 226 of the

Constitution of India, seeking a writ of mandamus

commanding respondents 1 to 3 to demolish the

unauthorised constructions carried out by the 4^th

respondent and also directing respondents 1 to 3 to

proceed against the 4^th respondent in accordance with

Rules 20 and 21 of the Kerala Panchayat Building

Rules.

2. On 15.03.2019, when this writ petition came

up for admission, the learned Government Pleader

took notice on admission for the 1^st respondent. This

Court issued urgent notice on admission by speed post

to respondents 2 to 4 returnable within ten days.

3. A counter affidavit has been filed by

respondents 2 and 3, to which the petitioner has filed

a reply affidavit. Along with the reply affidavit, the

petitioner has produced photographs of the

unauthorised constructions made by the 4^th

respondent.

4. On 20.06.2019, when this writ petition came

up for consideration, this Court passed the following

order;

“On 5.4.2019, when this writ petition came up for

consideration, this Court has recorded the

submission made by the learned counsel for the 4^th

respondent that on receipt of Ext.R3(b) notice, the

said respondent has already demolished the

objectionable constructions.

2. Along with the reply affidavit, the petitioner has

produced Ext.P3 photographs of the unauthorised

constructions made by the 4^th respondent, which

are yet to be demolished.

3. Learned counsel for the 4^th respondent seeks

some time to get instructions.

4. The 3^rd respondent Secretary shall depute a

competent officer to inspect the residential building

of the 4^th respondent by tomorrow (21.06.2019)

and submit a report as to whether the

constructions seen in Ext.P3 photographs are yet to

be demolished.”

5. Today, when the case is taken up for

consideration, it is submitted by the learned counsel

on both sides that the alleged unauthorised

constructions have already been demolished by the 4^th

respondent and that, a report to that effect has also

been filed by the 3^rd respondent.

6. The learned counsel for the petitioner would

submit that since the 4^th respondent has already

demolished the unauthorised constructions, this writ

petition may be disposed of recording the said fact.

In such circumstances, this writ petition is

5

disposed of recording the fact that, as directed by the

3^rd respondent Secretary of the 2^nd respondent Grama

Panchayat, the 4^th respondent has already demolished

the unauthorised constructions.

Sd/-

ANIL K.NARENDRAN, JUDGE

AV/27/6

6

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

A TRUE COPY OF THE PETITION

SUBMITTED BEFORE THE 3RD RESPONDENT

DATED 14.02.2019.

EXHIBIT P2

A TRUE COPY OF THE RECEIPT DATED

16.02.2019 ISSUED BY THE 2ND

RESPONDENT.

EXHIBIT P3

THE PHOTOGRAPHIC IMAGES OF THE

UNLAWFUL CONSTRUCTION COMMITED BY

THE 4TH RESPONDENT

RESPONDENT'S/S EXHIBITS:

EXHIBIT R3(A)

TRUE COPY OF THE REPORT SUBMITTED

THE ASSISTANT ENGINEER DATED

25.03.2019.

EXHIBIT R3(B)

TRUE COPY OF THE NOTICE DATED

25.03.2019 ISSUED BY THE 3RD

RESPONDENT.