Ramachandra Menon, J.
The petitioner has approached this Court with the following prayers:
“1. Call for the records relating to Ext.P8 from the 1st respondent.
2. Issue a writ of mandamus or any other writ or order or direction to 1st respondent to provide adequate and effective police protection to the life of the petitioner and his family members and for the reconstruction of the building in Re.Sy.No.203/1Cof Kattiparuthy Village in Ward No.XII of Valanchery Grama Panchayat from the respondents 4 and 5 and their associates.”
2. When the matter came up for consideration on 25.4.2014, an interim order was passed, whereby the first respondent was directed to provide adequate and effective protection to the life of the petitioner and his family members and for reconstruction of the building in Re.Sy.No.203/1C of Kattiparuthy Village in Ward No.XII of Valanchery Grama Panchayat, without being obstructed by respondents 4 and 5 or their associates. Subsequently, pursuant to the notice served on the party respondents, they entered appearance and filed a counter affidavit pointing out the facts and figures and also producing copies of the relevant documents as Exhibits R5(1) to R5(9).
3. When the matter came up for consideration before the Vacation Court on 6.5.2014, during the course of hearing, it was brought to the notice of the Court that the petitioner had approached this Court suppressing the material facts, particularly that the construction was effected in a 'puramboke' property, without getting any permission, licence or order in this regard. After hearing both the sides, this Court found it fit and proper to vacate the interim order and accordingly, it was vacated as per order dated 6.5.2014, which is extracted hereunder for reference:
“1. Heard both sides.
2. Learned counsel for the fifth respondent submits that the petitioner has not approached this Court with clean hands and obtained an interim order by suppressing material facts. Based on ext.R5(8) complaint, the Village Officer, Kattipparuthi has issued notice on 7.4.2014 to the petitioner to stop the construction in the property. The factual position is not rebutted by the learned counsel for the petitioner.
3. Learned counsel for the party respondents submits that the petitioner has effected the construction on the strength of the interim order, that too, in a 'puramboke' property, which fact is supported by the learned Government Pleader as well. Learned counsel for the petitioner conceded that no permission was obtained from the second respondent Panchayat, but the version of the petitioner is that there is no necessity to obtain the same. This Court finds it difficult to accept the said proposition.
4. After hearing both sides, this Court finds that the matter requires to be considered seriously. The interim order stands vacated. Parties are directed to complete the pleadings.”
4. Today, when the matter was taken up for hearing, the learned counsel for the fifth respondent submitted that, on the strength of the interim order obtained from this Court suppressing the material facts, the petitioner was successful in completing the construction. This Court does not intend to express anything with regard to the merit of the case. The fact remains that the interim order already granted on 25.4.2014 has been vacated by the subsequent order of this Court, in view of the suppression of material facts. Nothing remains to be considered. Accordingly, the Writ Petition is dismissed.
5. It is made clear that, it will be open for the fifth respondent or the State/departmental authorities concerned, to take appropriate action against the writ petitioner, if any construction is made by him merely on the strength of the interim order, without getting necessary clearance from the authorities concerned, including by causing the same to be demolished; in accordance with law.
MANJULA CHELLUR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE
vgs11.6.14