Kerala High Court
M.I.Abu vs State Of Kerala on 11 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:60309
WP(C) NO. 12586 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
WP(C) NO. 12586 OF 2025
PETITIONER:
M.I.ABU,
AGED 60 YEARS
SON OF IBRAHIM, MEKKAPPADICKAL HOUSE, MULAVOOR
P.O, PAYIPRA, PIN - 686673
BY ADVS.
SRI.PEEYUS A.KOTTAM
SMT.EMIL HANNA THOMAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT, PWD BUILDINGS DIVISION, VIKAS
BHAVAN (PO), THIRUVANANTHAPURAM, PIN - 695033
2 DISTRICT COLLECTOR, ERNAKULAM,
COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM,
KERALA, PIN - 682030
3 EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER, KERALA ROAD FUND
BOARD-KERALA PROJECT MANAGEMENT UNIT,
MUVATTUPUZHA, IDUKKI DIVISION, PWD OFFICE COMPLEX,
THODUPUZHA, KERALA, PIN - 685584
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WP(C) NO. 12586 OF 2025
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4 KOTHAMANGALAM MUNICIPALITY,
ALUVA-MUNNAR ROAD, SH-16, REPRESENTED BY ITS
SECRETARY, PIN - 686666
BY ADV
SMT.JESSY S. SALIM, GP.
SRI.E.C.BINEESH, SC
SHRI.JOICE GEORGE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 11.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C) NO. 12586 OF 2025
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C.S.DIAS, J.
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W.P.(C) No. 12586 of 2025
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Dated this the 11th day of August, 2025
JUDGMENT
The writ petition is filed to quash Exts.P6 and P9
notices, and direct the 4th respondent to consider the
petitioner's application for regularisation of building
permit, notwithstanding the proposal for widening of the
Aluva-Munnar road.
2. The petitioner is the owner of the property
situated within the territorial limits of the 4th
respondent-Municipality. In 2016-17, the petitioner had
partially constructed a building as per Ext.P2 site
approval and building permit. Consequently, the 4 th
respondent issued a partial occupancy certificate in
respect of the construction carried out on the ground
floor and one room on the first floor. The petitioner is
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WP(C) NO. 12586 OF 2025
paying property tax as evidenced by Ext.P5 receipt.
Subsequently, the petitioner completed the construction
of the entire building and sought for regularisation of
the construction. To the petitioner's surprise, the
Secretary of the 4th respondent has informed him that, as
there is a proposal to widen the Aluva-Munnar road and
there being no sufficient setback for the building, the
petitioner's regularisation application can be considered,
only after a portion of the building is demolished. The
stand of the 4th respondent is illegal and arbitrary.
Hence, the writ petition.
3. Heard; the learned counsel for the petitioner,
the learned Government Pleader and the learned
Standing Counsel for the 4th respondent.
4. The learned counsel for the petitioner submits
that, the petitioner would be satisfied; if the 4th
respondent is directed to consider the regularisation
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application, on the undertaking of the petitioner that he
will demolish the alleged unauthorisedly constructed
canopy.
5. The learned Standing Counsel for the 4 th
respondent submits that, if the petitioner submits such
an undertaking that he would demolish the unauthorised
construction as directed by the 4 th respondent, the
petitioner's regularisation application can be
considered.
6. On a consideration of the facts and the
materials on record, and the rival submissions made
across the bar, I dispose of the writ petition by directing
the 4th respondent to consider the petitioner's
regularisation application, subject to the condition that
the petitioner files an affidavit before the Secretary of
the 4th respondent unconditionally undertaking to
demolish the construction as directed by the Secretary,
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WP(C) NO. 12586 OF 2025
and on the Secretary passing a conditional order of
regularisation, and the petitioner demolishing the
unauthorised construction, the conditional order will
become absolute. On the order becoming absolute,
Exts.P6 and P9 notices will be rendered redundant.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 12586 OF 2025
APPENDIX OF WP(C) 12586/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF GO (RT) NO.
2014/2023/RD DATED 27.05.2023
EXHIBIT P2 THE TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT BEARING NO. PW2-119/15-
16 DATED 27.12.2021
EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE 4TH RESPONDENT MUNICIPALITY BEARING
BUILDING DOOR NO. 74/G DATED 07.02.2025
EXHIBIT P4 THE TRUE COPY OF THE DEMAND NOTICE
ISSUED BY THE 4TH RESPONDENT
MUNICIPALITY BEARING BUILDING DOOR NO.
NO.74/H DATED 18.11.2024
EXHIBIT P5 THE TRUE COPY OF THE RECEIPT SHOWING
PAYMENT OF PROPERTY TAX FOR THE BUILDING
BEARING DOOR NO.74/F DATED 27.02.2025
EXHIBIT P6 THE TRUE COPY OF THE COMMUNICATION
ISSUED BY THE SECRETARY DATED 07.02.2025
EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P.(C) 10408/2024
DATED 15.03.2024
EXHIBIT P8 THE TRUE COPY OF THE REVISED PLAN
SUBMITTED BY THE PETITIONER BEFORE THE
4TH RESPONDENT
EXHIBIT P9 THE TRUE COPY OF THE PROCEEDINGS OF THE
ASSISTANT EXECUTIVE ENGINEER,
KOTHAMANGALAM MUNICIPALITY DATED
11.06.2025
EXHIBIT P10 THE PHOTOGRAPHS OF THE PETITIONER'S
BUILDING
