Kerala High Court
Jose Kurian vs The State Of Kerala on 10 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 21311 OF 2025
1
2025:KER:51085
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
WP(C) NO. 21311 OF 2025
PETITIONER/S:
1 JOSE KURIAN
AGED 59 YEARS
S/O KURIAN, RESIDING AT THATTAPARAMBIL HOUSE,
NELLIKUTTYKARA, ERUVESHI VILLAGE, THALIPARAMBU TALUK,
KANNUR DISTRICT, PRESENT ADDRESS AT CHOORAPUZHAYIL
HOUSE, EDADU P O, ELAPPALLY VILLAGE, THODUPUZHA TALUK,
IDUKKI DISTRICT, REPRESENTED BY POWER OF ATTORNEY
HOLDER MARY CHACKO, AGED 87, W/O P C CHACKO, RESIDING
AT CHOORAPPUZHAYIL HOUSE, EDADU P O, ELAPALLY
VILLAGE , THODUPUZHA TALUK, IDUKKI DISTRICT,, PIN -
685589
2 LISSIAMMA JOSE
AGED 59 YEARS
W/O JOSE KURIAN, RESIDING AT THATTAPARAMBIL HOUSE,
NELLIKUTTYKARA, ERUVESHI VILLAGE, THALIPARAMBU TALUK,
KANNUR DISTRICT, PRESENT ADDRESS AT CHOORAPUZHAYIL
HOUSE, EDADU P O, ELAPPALLY VILLAGE, THODUPUZHA TALUK,
IDUKKI DISTRICT, REPRESENTED BY POWER OF ATTORNEY
HOLDER MARY CHACKO, AGED 87, W/O P C CHACKO, RESIDING
AT CHOORAPPUZHAYIL HOUSE, EDADU P O, ELAPALLY
VILLAGE , THODUPUZHA TALUK, IDUKKI DISTRICT,, PIN -
685589
BY ADV SHRI.G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL
SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM P O, THIRUVANANTHAPURAM DISTRICT,
PIN - 695001
2 THE ARAKULAM GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, OFFICE OF THE ARAKULAM
GRAMA PANCHAYATH, MOOLAMATTOM P O, IDUKKI DISTRICT,,
PIN - 685589
WP(C) NO. 21311 OF 2025
2
2025:KER:51085
3 THE SECRETARY
ARAKULAM GRAMA PANCHAYATH, OFFICE OF THE ARAKULAM
GRAMA PANCHAYATH, MOOLAMATTOM P O, IDUKKI DISTRICT,,
PIN - 685589
4 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE,
PAINAVU P O, IDUKKI DISTRICT,, PIN - 685603
5 THE CHIEF WILDLIFE WARDEN
OFFICE OF THE CHIEF WILDLIFE WARDEN, IDUKKI WILD LIFE
DIVISION, PINAVU P O, IDUKKI DISTRICT,, PIN - 685603
6 INTERNAL VIGILANCE OFFICER
ASSISTANT DIRECTOR, OFFICE OF THE ASSISTANT JOINT
DIRECTOR, LSGD, IDUKKI, KUYILIMALA, (CITIZEN ADALATH),
PIN - 685603
7 TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS
REPRESENTED BY ITS SECRETARY, VANCHIYOOR P O,
THIRUVANANTHAPURAM DISTRICT,, PIN - 695035
8 DINI EAPEN KURIAN
AGED 52 YEARS
S/O KURIAN DANIEL, RESIDING IN THE ADDRESS 169/3,
PARTHOOR 10TH MAIN ASHIRVAD COLONY, 1ST CROSS, CLOSE
TO DEVAMATHA SCHOOL P T LAYOUT, HORAMAVU MAIN ROAD,
HORAMAVU, BANGALORE SOUTH, KARNATAKA, ALSO HAVING
ADDRESS AT PARTHOOR FARM, EDADU P O, ANTHIYANPARA,
ELAPALLY VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT,,
PIN - 685589
9 DAISY EAPEN,
AGED 49 YEARS
W/O DINI EAPEN KURIAN, RESIDING IN THE ADDRESS 169/3,
PARTHOOR 10TH MAIN ASHIRVAD COLONY, 1ST CROSS, CLOSE
TO DEVAMATHA SCHOOL P T LAYOUT, HORAMAVU MAIN ROAD,
HORAMAVU, BANGALORE SOUTH, KARNATAKA ,ALSO HAVING
ADDRESS AT PARTHOOR FARM, EDADU P O, ANTHIYANPARA,
ELAPALLY VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT,,
PIN - 685589
BY ADVS.
SRI.GEORGE MATHEW
SMT.SREEKALA KRISHNADAS (SREEKALA VIVEK)
SHRI.SUNIL KUMAR A.G
SHRI.MATHEW K.T.
SHRI.GEORGE K.V.
SHRI.STEPHY K REGI
WP(C) NO. 21311 OF 2025
3
2025:KER:51085
SHRI.ADITHYA BENZEER
SMT.MEDHA B.S.
SHRI.JOHN ZACHARIAH DOMINIC
SRI.C.VIVEK
SMT.RAKHI RAMACHANDRAN
SMT.JOMY JOHNY
SMT.ANAGHA MADATH THEKKEPATTE
OTHER PRESENT:
SR.GP.SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21311 OF 2025
4
2025:KER:51085
C.S.DIAS, J.
---------------------------------------
WP(C) No.21311 OF 2025
-----------------------------------------
Dated this the 10th day of July, 2025
JUDGMENT
The writ petition is filed to enforce Ext.P15 order passed by the 3rd respondent.
It is not in dispute that the 8 th respondent has filed Appeal No.131/2025 before the Tribunal for Local Self Government Institutions, Thiruvananthapuram ('Tribunal', for short) and Ext.P13 order has been passed staying the enforcement of Ext.P15 order. The 1 st petitioner is the 2nd respondent in the said appeal.
In light of the fact that Ext.P13 order has already been passed staying the enforcement of Ext.P15 order, I am of the definite view that the prayer sought for in the writ petition, at present, cannot be considered. Therefore, without prejudice to the right of the petitioners to move this Court again after the culmination of Appeal No.131/2025, the writ petition is dismissed.
Sd/-
C.S.DIAS, JUDGE SCB/10.07.25 WP(C) NO. 21311 OF 2025 5 2025:KER:51085 APPENDIX OF WP(C) 21311/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SPECIAL POWER OF ATTORNEY DATED 21.04.2025 Exhibit P2 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE PANCHAYATH DATED 01.07.2019 Exhibit P3 TRUE COPY OF THE COMPLETION CERTIFICATE GIVEN TO THE 8TH RESPONDENT DATED 01.11.2022 Exhibit P4 TRUE COPY OF THE WRIT PETITION FILED WITHOUT EXHIBITS DATED 25.09.2024 AS W P C NO. 33772 OF 2024 BEFORE THIS HON'BLE COURT Exhibit P5 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT DATED 06.01.2025 IN W P C NO. 33772 OF 2024 Exhibit P6 TRUE COPY OF THE LETTER GIVEN BY THE 1ST PETITIONER TO THE SECRETARY OF THE PANCHAYATH DATED 20.04.2025 Exhibit P7 TRUE COPY OF THE REQUEST OF THE RESPONDENTS 8 AND 9 DATED 23.07.2024 Exhibit P8 TRUE COPY OF THE REQUEST OF THE 8TH RESPONDENT DATED 12.03.2025 Exhibit P9 TRUE COPY OF THE LETTER DATED 08.05.2025 Exhibit P10 TRUE COPY OF THE LIST PUBLISHED OF THE DIFFERENT COMPLAINANTS DATED NIL Exhibit P11 TRUE COPY OF THE ORDER OF THE PANCHAYATH DATED 06.02.2025 Exhibit P12 TRUE COPY OF THE ORDER OF THE CITIZEN ADALAT DATED 01.02.2025 Exhibit P13 TRUE COPY OF THE ORDER PASSED IN I A NO. 1 OF 2025 IN APPEAL NO. 131 OF 2025 DATED 29.03.2025 Exhibit P14 TRUE COPY OF THE ORDER PASSED I A NO. 2 OF 2025 IN APPEAL NO. 131 OF 2025 DATED 29.03.2025 Exhibit P15 TRUE COPY OF THE ORDER PASSED BY THE PANCHAYATH DATED 05.03.2025 Exhibit P16 TRUE COPY OF THE ORDER OF THE PANCHAYATH DATED 27.12.2024 Exhibit P17 TRUE COPY OF THE ORDER PASSED BY THE CITIZEN ADALAT DATED 23.07.2024 Exhibit P18 TRUE COPY OF THE ORDER OF THE PANCHAYATH DATED 22.2.2025 Exhibit 19 TRUE COPY OF THE RECENT PHOTOGRAPHS TAKEN BY THE PETITIONERS DATED NIL