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Kerala High Court
T. Sasidharan Nair vs The State Of Kerala on 3 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:93700
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA,
1947
WP(C) NO. 7900 OF 2025
PETITIONER/S:
1 T. SASIDHARAN NAIR
AGED 77 YEARS
S/O THOTTATHIL DAMODHARAN PILLAI,
SARASWATHY BHAVAN, RC STREET,
BEHIND KSRTC BUS STAND, NEYYATTINKARA P.O,
NEYYATTINKARA VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM,
PIN - 695121
2 SARASWATHY AMMA
AGED 70 YEARS
W/O T. SASIDHARAN NAIR, SARASWATHY BHAVAN,
RC STREET, BEHIND KSRTC BUS STAND,
NEYYATTINKARA P.O, NEYYATTINKARA VILLAGE,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM,
PIN - 695121
BY ADVS.
SHRI.ARUN V.G. (K/795/2004)
SMT.V.JAYA RAGI
SHRI.R.HARIKRISHNAN (KAMBISSERIL)
SRI.NEERAJ NARAYAN
SMT.A.S.SALMA
RESPONDENT/S:
1 THE STATE OF KERALA
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WP(C) NO.7900 OF 2025
2
REPRESENTED BY THE PRINCIPAL SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE POLICE CHIEF-KERALA
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DISTRICT COLLECTOR
THIRUVANANTHAPURAM, CIVIL STATION BUILDING,
CIVIL STATION ROAD, KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM, PIN - 695043
4 THE DISTRICT POLICE CHIEF
THIRUVANANTHAPURAM, RURAL, OFFICE OF THE DISTRICT
POLICE CHIEF, PMG,
THIRUVANANTHAPURAM, PIN - 695033
5 THE DIRECTOR
VIGILANCE WING, LOCAL SELF GOVERNMENT DEPARTMENT,
SWARAJ BHAVAN, NANTHANCODE, THIRUVANANTHAPURAM,
PIN - 695003
6 DEPUTY SUPERINTENDENT OF POLICE-NEYYATTINKARA
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121
7 NEYYATTINKARA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
NEYYATTINKARA, THIRUVANATHAPURAM, PIN - 695121
8 STATION HOUSE OFFICER
NEYYATTINKARA POLICE STATION, NEYYATTINKARA,
THIRUVANATHAPURAM, PIN - 695121
9 AMALOLBHAVAMATHA CHURCH
RC STREET, NEYYATTINKARA, REPRESENTED BY VICAR OF
THE CHURCH, R.C STREET, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695121
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WP(C) NO.7900 OF 2025
3
0 AMALOLBHAVAMATHA CHURCH COMMITTEE
REPRESENTED BY ITS SECRETARY, RC STREET,
NEYYATTINKARA THIRUVANANTHAPURAM, PIN - 695121
BY ADVS.
SHRI.SHERRY J. THOMAS
SRI.JOEMON ANTONY
SHRI.ANTONY NILTON REMELO
SRI.RENISH RAVEENDRAN
SMT.ANJANA P.V.
GP, SRI. K. JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO.7900 OF 2025
4
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.7900 of 2025
-------------------------------
Dated this the 03rd day of December, 2025
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
" i. a Writ of Mandamus or any other writ, order or
direction directing the respondents No. 1 to 8 to
forthwith stall the illegal functioning of the Church in
the shed constructed by the 9th respondent in 13
cents of property in RC Street, Neyyattinkara located
just opposite to the house of the petitioners.
ii. Issue a Writ of Mandamus or any other writ, order
or direction directing the respondents No. 1 to 8 to
take necessary action to prevent respondents 9 & 10
from using the shed situated opposite to petitioners'
house in RC Street as a Church and from using any
kind of Sound Transmitting Equipment therein.
iii. Issue a Writ of Mandamus or any other writ, order
or direction directing the 1st respondent to take up
Ext. P14 complaint and to pass final orders therein
with a time frame prescribed by this Hon'ble Court
and to further direct respondents 2, 4, 6 & 8 to
scrupulously implement the order so passed by the
1st respondent in the matter with necessary and
sufficient police assistance.
iv. Issue a Writ of Mandamus or any other writ, order
or direction directing the 5th respondent to take up
Ext.P15 complaint and to pass final orders therein
with a time frame prescribed by this Hon'ble Court
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and to further direct respondents 2, 4, 6 & 8 to
scrupulously implement the order so passed by the
5th respondent in the matter with necessary and
sufficient police assistance.
v. Pass a Writ of Mandamus directing the 1 st
respondent or any other concerned authority to
conduct an enquiry in this matter and to take
punitive actions as per law against the delinquent
District Administrative Officials and Local Self
Government Officials.
vi. Pass such any other direction, order or reliefs, as
this Hon'ble Court may deem fit in the interest of
justice, equity and good conscience.
vii. This Hon'ble Court may be pleased to dispense
with the filing of the English Translation of the
vernacular documents filed in this Writ Petition."
[SIC]
2. When this Writ Petition (C) came up for
consideration on 17.11.2025, this court passed the following order:
" The Secretary of the 7 th respondent - Municipality
will consider Exts.R9(a) and R9(b) within one month
from the date of receipt of a copy of this order. I make
it clear that, without passing orders in Exts.R9(a) and
R9(b), shed in dispute shall not be used as a prayer
hall. The 6th respondent will see that the 9th
respondent is not conducting prayer hall in the
disputed place without getting permit from the
statutory authorities."
3. Today, the counsel for the petitioners submitted
that the temporary shed is already closed down and no further
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WP(C) NO.7900 OF 2025
direction is necessary.
If that is the case, this Writ Petition (C) is closed. If there
is any fresh cause of action, the petitioners are free to agitate the
same separately.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
Judgment reserved NA
Date of judgment 03.12.2025
Judgment dictated 03.12.2025
Draft Judgment Placed 04.12.2025
Final Judgment Uploaded 05.12.2025
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WP(C) NO.7900 OF 2025
APPENDIX OF WP(C) NO. 7900 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT OF KERALA IN W.P.(C)
NO. 7195/2020 DATED 10.03.2020
Exhibit P2 THE TRUE COPY OF COMPLAINT DATED
15.12.2020 FILED BEFORE THE DEPUTY
SUPERINTENDENT OF POLICE, NEYYATTINKARA
Exhibit P3 THE TRUE COPY OF COMPLAINT
ACKNOWLEDGEMENT RECEIPT DATED 23.12.2020
ISSUED BY NEYYATTINKARA POLICE STATION
Exhibit P4 THE TRUE COPY OF RIGHT TO INFORMATION
DOSSIER FILED BY THE FIRST PETITIONER
BEFORE NEYYATTINKARA MUNICIPALITY
Exhibit P5 THE TRUE COPY OF RIGHT TO INFORMATION
REPLY DATED 07.10.2020 NUMBERED
E1/13191/2020
Exhibit P6 THE TRUE COPY OF APPROVED BUILDING PLAN
ISSUED BY NEYYATTINKARA MUNICIPALITY
BEARING NO. E1/20/72/15
Exhibit P7 THE TRUE COPY OF COMPLAINT DATED
04.11.2020 FILED BY THE PETITIONERS
BEFORE THE SECRETARY OF NEYYATTINKARA
MUNICIPALITY
Exhibit P8 THE TRUE COPY OF COMPLAINT ACKNOWLEDGMENT
RECEIPT ISSUED BY NEYYATTINKARA
MUNICIPALITY
Exhibit P9 THE TRUE COPY OF LETTER DATED 23.12.2020
NO. H1/16769/2020 ISSUED BY HEALTH
SUPERVISOR, NEYYATTINKARA MUNICIPALITY TO
THE PETITIONERS
Exhibit P10 THE TRUE COPY OF COMPLAINT DATED
15.12.2020 FILED BY THE PETITIONERS TO
THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM
Exhibit P11 THE TRUE COPY OF COMPLAINT DATED
12.01.2021 FILED BY THE PETITIONERS
BEFORE THE DEPUTY SUPERINTENDENT OF
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WP(C) NO.7900 OF 2025
POLICE NEYYATTINKARA
Exhibit P12 THE TRUE COPY OF COMPLAINT
ACKNOWLEDGEMENT RECEIPT ISSUED BY
NEYYATTINKARA POLICE DATED 16.01.2021
Exhibit P13 THE TRUE COPY OF THE JUDGMENT DATED
26.11.2021 IN WP(C) NO. 5068 OF 2021
PASSED BY THE HON'BLE HIGH COURT OF
KERALA
Exhibit P14 THE TRUE COPY OF COMPLAINT DATED
16.02.2025 FILED BY THE PETITIONERS
BEFORE THE PRINCIPAL SECRETARY, LOCAL
SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF
KERALA
Exhibit P15 THE TRUE COPY OF COMPLAINT DATED
16.02.2025 FILED BY THE PETITIONERS
BEFORE THE DIRECTOR OF VIGILANCE WING,
LOCAL SELF GOVERNMENT DEPARTMENT
Exhibit P16 THE TRUE COPY OF POSTAL RECEIPT DATED
19.02.2025 EVIDENCING ISSUANCE OF EXT.
P14 COMPLAINT THROUGH REGISTERED POST
WITH ACKNOWLEDGMENT DUE
Exhibit P17 THE TRUE COPY OF POSTAL RECEIPT DATED
19.02.2025 EVIDENCING ISSUANCE OF EXT.
P15 COMPLAINT THROUGH REGISTERED POST
WITH ACKNOWLEDGMENT DUE
Exhibit P18 THE TRUE COPY OF COMPLAINT DATED
16.02.2025 FILED BY THE PETITIONERS
BEFORE THE STATE POLICE CHIEF
Exhibit P19 THE TRUE COPY OF POSTAL RECEIPT DATED
19.02.2025 EVIDENCING ISSUANCE OF EXT.
P18 COMPLAINT THROUGH REGISTERED POST
WITH ACKNOWLEDGMENT DUE
RESPONDENT EXHIBITS
Exhibit R9A The true copy of letter submitted by the
9th respondent to the Secretary of the
7th respondent Municipality, dated 06-03-
Exhibit R9B The true copy of the application
submitted for permit/regularisation along
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with the appendix A1 submitted before the
7th respondent by the 9th respondent,
file no. 527270-2025, dated 07-03-2025
