Kerala High Court
Anitha vs State Of Kerala on 8 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:50131
WP(C) NO. 20018 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
WP(C) NO. 20018 OF 2025
PETITIONERS:
1 ANITHA
AGED 39 YEARS
D/O. SUGATHAN AMBATTU HOUSE, KALADY KARA KALADY
VILLAGE, ALUVA TALUK KALADY P.O, ERNAKULAM DISTRICT
REPRESENTED BY HER FATHER AND POWER OF ATTORNEY
HOLDER SUGATHAN A.K, S/O. KUNJAYYAN, PIN - 683574
2 SUGATHAN A.K
AGED 67 YEARS
S/O.KUNJAYYAN, AMBATTU HOUSE, KALADY KARA KALADY
VILLAGE, ALUVA TALUK KALADY P.O ERNAKULAM DISTRICT,
PIN - 683574
BY ADVS.
SHRI.N.RAJESH
SHRI.GOPAKUMAR P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO LOCAL SELF GOVERNMENT
DEPARTMENT, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
ERNAKULAM CIVIL STATION, KAKKANAD, ERNAKULAM
DISCTRICT, PIN - 682030
3 KANJOOR GRAMA PANCHAYAT
OFFICE OF THE KANJOOR GRAMA PANCHAYAT,
VADAKKUMBHAGAM, KANJOOR P.O, ERNAKULAM DISTRICT
REP.BY ITS SECRETARY, PIN - 683575
2025:KER:50131
WP(C) NO. 20018 OF 2025
2
4 THE SECRETARY
KANJOOR GRAMA PANCHAYAT OFFICE OF THE KANJOOR GRAMA
PANCHAYAT, VADAKKUMBHAGAM, KANJOOR P.O ERNAKULAM
DISTRICT, PIN - 683575
5 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, GANDHI NAGAR,
KOCHI, ERNAKULAM DISTRICT, PIN - 682020
6 THE VILLAGE OFFICER
VADAKKUMBHAGAM VILLAGE ALUVA TALUK, PIN - 683575
7 THE STATION HOUSE OFFICER, KALADY
KALADY POLICE STATION, KALADY P.O, ERNAKULAM
DISTRICT, PIN - 683574
8 MR.CELESTINE JOHN
S/O. JOHN , CHATHAMKOTTU HOUSE, OKKAL P.O,
CHELAMATTAM VILLAGE KUNNATHUNADU TALUK, PIN -
683550
9 MR.K.D.BABY
RESIDING AT KOLENCHERY HOUSE, KANJOOR P.O,
VADAKKUMBHAGAM ERNAKULAM DISTRICT PROPRIETOR POOJA
MODERN RICE MILL CHENGAL, KALADY P.O,
VADAKKUMBHAGAM, PIN - 683574
BY ADVS.
SRI.V.A.VINOD
SRI.G.P.SHINOD
SHRI.P.G.JOSE
SRI.GOVIND PADMANAABHAN
SHRI.AJIT G ANJARLEKAR
SHRI.ATUL MATHEWS
SMT.GAYATHRI S.B.
OTHER PRESENT:
GP.SMT.JESSY S. SALIM, SC-SRI.T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:50131
WP(C) NO. 20018 OF 2025
3
JUDGMENT
Dated this the 8th day of July, 2025 The writ petition is filed to direct the 4 th respondent to take immediate steps to implement Ext. P12 order passed against the 9th respondent.
2. The petitioners are residing within the territorial limits of the 3rd respondent Panchayat. The 9th respondent is running a rice mill adjacent to the petitioners' property, which is operating in a premises that has been unauthorizedly constructed. Pursuant to the complaints made by the petitioners, Ext.P12 order has been passed by the 4th respondent on 24.09.2024.
The said order has attained finality. But, the 4th respondent is not implementing his own order. Hence, the writ petition.
3. Heard; the learned counsel for the petitioners, the learned Government Pleader for the respondents 1, 2 6 and 7, and the respective Standing Counsel for the 2025:KER:50131 WP(C) NO. 20018 OF 2025 4 respondents 3, 4 and 5. Even though notice has been served on the respondents 8 and 9, there is no appearance for them.
On a consideration of the facts and materials on record, especially Ext.P12 proceedings was passed as early as on 24.09.2024, and apparently the same has attained finality, I am satisfied that the writ petition is to be allowed. Consequently, I direct the 4 th respondent to implement Ext.P12 proceedings, in accordance with law and as expeditiously as possible, at any rate within 60 days from the date of production of a copy of this judgment.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE rmm8/7/2025 2025:KER:50131 WP(C) NO. 20018 OF 2025 5 APPENDIX OF WP(C) 20018/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT ISSUED FROM ALUVA VADAKKUMBHAGAM VILLAGE ON 15.04.2025 BEARING NO.KL07040401530/2025 ISSUED BY THE 6TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT NO.R-G070306-25000040 DATED 15.04.2025 ISSUED BY THE 4TH RESPONDENT IN RESPECT OF BUILDING NO.4/56.
Exhibit P3 TRUE COPY OF THE MINUTES OF MEETING DATED 12.09.2023.
Exhibit P4 TRUE COPY OF THE PETITION DATED 14.02.2024 SUBMITTED BEFORE THE 3RD RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.
Exhibit P5 TRUE COPY OF THE REPLY BEARING NO.400597/GGR112/GPO/2024/707/ (1) DATED 12.03.2024 ISSUED BY THE 4TH RESPONDENT IN THE CAPACITY OF STATE PUBLIC INFORMATION OFFICER.
Exhibit P6 TRUE COPY OF REPRESENTATION DATED 20.05.2024 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P7 TRUE COPY OF PETITION DATED 20.05.2024 SUBMITTED BEFORE THE REVENUE DIVISIONAL OFFICER, FORT KOCHI.
Exhibit P8 TRUE COPY OF PETITION DATED 20.05.2024 SUBMITTED BEFORE THE ASSISTANT EXECUTIVE ENGINEER, KSEB Exhibit P9 TRUE COPY OF REPLY BEARING NO.400597/GGR112/GPO/2024/2402/(1) DATED 14.06.2024 ISSUED BY THE 4TH RESPONDENT IN HIS CAPACITY AS THE STATE PUBLIC INFORMATION OFFICER.
Exhibit P10 TRUE COPY OF THE REPORT DATED 06.08.2024 SUBMITTED BY THE 6TH RESPONDENT, TO THE SUB COLLECTOR, FORT KOCHI WHICH WAS OBTAINED UNDER THE RIGHT TO INFORMATION ACT.
Exhibit P11 TRUE COPY OF THE NOTICE NO.SC2-3326/2024 DATED 08.08.2024 ISSUED BY THE 4TH RESPONDENT TO THE 9TH RESPONDENT.
2025:KER:50131 WP(C) NO. 20018 OF 2025 6 Exhibit P12 TRUE COPY OF THE ORDER BEARING NO.400597/BAUV01/GDO/2024/3326/(1) DATED 24.09.2024 ISSUED BY THE 4TH RESPONDENT TO THE 9TH RESPONDENT.
Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 25.09.2024 SUBMITTED BEFORE THE KERALA STATE POLLUTION CONTROL BOARD. Exhibit P14 TRUE COPY OF RECEIPT BEARING NO.9010 DATED 25.09.2024 ISSUED FROM THE 5TH RESPONDENT.
Exhibit P15 TRUE COPY OF PETITION DATED 10.12.2024 SUBMITTED BEFORE THE COMPLAINT REDRESSAL ADALATH.
Exhibit P16 TRUE COPY OF RECEIPT WITH DOCKET NO.EKM/0206/A/87329 ISSUED TO THE 2ND PETITIONER.
Exhibit P17 THE PETITIONERS ARE PRODUCING PHOTOGRAPHS (2 IN NUMBERS) TO SHOW THE MANNER IN WHICH THE UNAUTHORIZED CONSTRUCTION IS MADE BY THE 9TH RESPONDENT TO WHOM EXHIBIT P12 DEMOLITION ORDER IS ISSUED.