JUDGMENT

These writ petitions project rival contentions, with respect to an apartment complex built within the Karumallur Grama Panchayat. W.P.(C) No.17074 of 2016 is filed by the builder, who has undertaken the development of the land and construction of the complex. W.P.(C) No.9080 of 2016 is filed by a nearby resident, who complains of an encroachment into puramboke property and filling up of lands in violation of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 [for brevity “Act of 2008”].

2. W.P(C) No.9080 of 2016 only seeks consideration of a complaint lodged by the petitioner therein, produced as Exhibit P1, before the Secretary of the respondent-Panchayat. W.P.(C) No.17074 of 2016; challenge the proceedings taken against the builder and the construction, obviously on the complaint filed by the other petitioner; which can aptly be referred to at the outset. The apartment complex, consisting of around 700 WP(C) Nos.9080 of 2016 & - 2 -

flats and 49 villas, is nearing completion, as is evidenced by Exhibit P1 photographs, which fact is not disputed by any of the respondents. The challenge in the writ petition is against Exhibit P17 prohibitory order issued by the Sub