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Kerala High Court
Pareeth Abdul Kareem vs District Collector on 11 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.32662 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF DECEMBER 2025 / 20TH AGRAHAYANA, 1947
WP(C) NO. 32662 OF 2025
PETITIONER(S):
1 PAREETH ABDUL KAREEM
AGED 73 YEARS, S/O KAREEM, LANIVAS HOUSE,
THANDIRIKKAL COLONY, MUPPATHADAM P.O, KADUNGALLOOR
VILLAGE, PRAVUR TALUK, ERNAKULAM DISTRICT,
PIN - 683110
2 P.A. SIDHIK
AGED 49 YEARS, S/O ABDUL AZEEZ, EDAYIPARAMBIL HOUSE,
ELOOKKARA, MUPPATHADAM P.O, KADUNGALLOOR VILLAGE,
PRAVUR TALUK, ERNAKULAM DISTRICT., PIN - 683110
3 R SREEKUMAR
AGED 51 YEARS, S/O T E RAVEESWARAN, EASWAR NIVAS
HOUSE, MUPPATHADAM P.O, KADUNGALLOOR VILLAGE, PRAVUR
TALUK, ERNAKULAM DISTRICT, PIN - 683110
4 VENUGOPLALAN K B
AGED 52 YEARS, S/O BHASKARAN NAIR, KARINJANAMKODATH
HOUSE, MUPPATHADAM P.O, KADUNGALLOOR VILLAGE, PRAVUR
TALUK, ERNAKULAM DISTRICT., PIN - 683110
BY ADV
SHRI.P.SHAIJAN JOSEPH
RESPONDENT(S):
1 DISTRICT COLLECTOR
ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD.P.O,
KOCHI, PIN - 682030
2 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI,
ERNAKULAM DISTRICT, PIN - 682001
W.P.(C) No.32662 of 2025
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3 KADUNGALLOOR GRAMA PANCHAYAT
MUPPATHADAM.P.O, KADUNGALLOOR VILLAGE, PARAVUR TALUK,
ERNAKULAM DISTRICT.REPRESENTED BY ITS SECRETARY,
PIN - 683110
4 SECRETARY
KADUNGALLOOR GRAMA PANCHAYAT, MUPPATHADAM.P.O,
KADUNGALLOOR VILLAGE, PARAVUR TALUK, ERNAKULAM
DISTRICT, PIN - 683110
5 SUPERINTENDANT OF POLICE
ERNAKULAM RURAL, ALUVA P.O, PIN - 683101
6 EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER, PWD ROADS SECTION,
NEAR NGO QUARTERS, MAMANGALAM, EDAPPALLY, ERNAKULAM
DISTRICT, PIN - 682024
7 ASSISTANT EXECUTIVE ENGINEER
P W D ROADS DIVISION, SUB JAIL ROAD, ALUVA.,
PIN - 683101
8 RAFEEK,
S/O ABDUL RAHMAN, PUTHUVALPARAMB HOUSE, ERAMAM,
MUPPATHADAM.P.O, KADUNGALLOOR VILLAGE, PARAVUR TALUK,
ERNAKULAM DISTRICT, PIN - 683110
BY ADVS.
SRI DINESH MATHEW J MURIKKAN, SC,
GP, SRI K JANARDHANA SHENOY
SHRI.K.S.FRIJO
SMT.BINCY JOSE (K/341/2015)
SRI.ARAVIND AJITH
SMT.P.B.MALINI RAO
SHRI.NIGIL SHANLY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.32662 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.32662 of 2025
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Dated this the 11th day of December, 2025
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"(i). To issue Writ of Mandamus or any other Writ or Direction
directing respondents 1 to 7 to take immediate action to remove
encroachment and illegal construction of temporary shed of 8th
respondent at Manakkapady junction in Aluva - Pathalam -
Edayar PWD road in Kadungallor Grama Panchayat .
(ii). To issue Writ of Mandamus or any other Writ or Direction
directing respondents 3 and 4 to take appropriate steps against
the vegetable shop of the 8th respondent for conducting
business without license.
(iii). To issue Writ of Mandamus or any other Writ or Direction
directing respondents 1 to 5 and 7 to take immediate action
upon Exhibit P1 and P3 representations submitted by petitioners
and other residents of the area.
(iv). To dispense with the production of English translation of
Malayalam Exhibits produced along with the Writ Petition in the
interest of justice.
(v) Grant such other reliefs as this Hon'ble Court deems fit and
proper in the circumstances of the case." [SIC]
2. When this writ petition came up for consideration
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on 18.11.2025, this Court passed the following order:
"The 3rd and 4th respondent will see that there is no
illegal construction from the side of the 8th respondent at
Manakkappady Junction in Aluva-Pathalam-Edayar PWD road
in Kadungallur Grama Panchayath. After removing the
encroachment, if any, submit a report before this Court
within one month."
3. Today, when this matter came up for
consideration, the learned counsel appearing for the 8 th
respondent submitted that he is not the owner of the
property. The Standing Counsel appearing for the
Panchayath submitted that a notice is issued to the 8 th
respondent.
4. After hearing both sides, I am of the considered
opinion that the Panchayath is free to consider the
representation of the 8th respondent and free to pass
appropriate orders in accordance with law, after giving an
opportunity of hearing to the 8th respondent and the
petitioners. If the 8th respondent is not the encroacher and
if there is any other encroachers, the Panchayath should
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take necessary steps to evict the encroachers, after giving
an opportunity of hearing to the encroachers in accordance
with law. The Panchayath will see that the encroachment,
if any, at Manakkappady Junction in Aluva-Pathalam-Edayar
road is there, the same is removed after giving sufficient
opportunity of hearing to the affected parties, as
expeditiously as possible, at any rate, within a period of
two months from the date of receipt of a certified copy of
this judgment.
With the above directions, this Writ Petition (C) is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 11.12.2025
Judgment dictated 11.12.2025
Draft Judgment placed 11.12.2025
Final Judgment uploaded 12.12.2025
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APPENDIX OF WP(C) NO. 32662 OF 2025
PETITIONER EXHIBITS
Exhibit P1 PHOTOGRAPHS SHOWING THE TEMPORARY SHED
CONSTRUCTED BY THE 8TH RESPONDENT FOR
VEGETABLE BUSINESS
Exhibit P2 TRUE COPY OF MASS PETITION DATED 15-05-
2025 SUBMITTED BY PETITIONERS AND
RESIDENTS OF WARD NOS.16 AND 17 OF
KADUNGALLOOR GRAMA PANCHAYAT TO
RESPONDENTS 1, 3, 4, 5 AND 7
Exhibit P3 TRUE COPY OF MASS PETITION DATED 30-7-
2025 SUBMITTED BY PETITIONERS AND
RESIDENTS OF WARD NOS.16 AND 17 OF
KADUNGALLOOR GRAMA PANCHAYAT TO THE 2ND
RESPONDENT
Exhibit P4 TRUE COPY OF NOTICE DATED 31-5-2025
ISSUED BY 4TH RESPONDENT TO THE 8TH
RESPONDENT
Exhibit P5 TRUE COPY OF REPLY DATED 27-6-2025
ISSUED BY 4TH RESPONDENT TO THE 1ST
PETITIONER
Exhibit P6 TRUE COPY OF COMMON JUDGMENT IN WP(C)
2866/2022 DATED 28-1-2022 OF HIGH COURT
OF KERALA
