Kerala High Court
K. Gangadharan Nair vs The District Collector on 28 February, 2025
2025:KER:16922
WP(C) NO. 493 OF 2025 &
WP(C) NO. 7801 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA,
1946
WP(C) NO. 7801 OF 2025
PETITIONER:
PRASANTH G. NAIR,
AGED 45 YEARS, S/O. GOPALAKRISHNAN NAIR,
THOTTATHIL HOUSE, VETTOOR P.O.,
MALAYALAPUZHA VILLAGE, PATHANAMTHITTA,
PIN - 689653
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
LEO LUKOSE
KAROL MATHEWS SEBASTIAN ALENCHERRY
DERICK MATHAI SAJI
KARAN SCARIA ABRAHAM
ITTOOP JOY THATTIL
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
2ND FLOOR, DISTRICT COLLECTORATE,
PATHANAMTHITTA DISTRICT, PIN - 689645
2025:KER:16922
WP(C) NO. 493 OF 2025 &
WP(C) NO. 7801 OF 2025
2
2 THE MALAYALAPUZHA GRAMA PANCHAYATH,
MALAYALAPUZHA THAZHAM P.O., PATHANAMTHITTA,
REPRESENTED BY ITS SECRETARY, PIN - 689653
3 THE SECRETARY,
THE MALAYALAPUZHA GRAMA PANCHAYATH,
MALAYALAPUZHA THAZHAM P.O.,PATHANAMTHITTA,
PIN - 689653
4 K. GANGADHARAN NAIR,
AGED 76 YEARS, S/O. LATE K.K.KOCHUKUNJU NAIR,
GEETHA BHAVAN,VETTOOR P.O.,VIA KUMBAZHA,
PATHANAMTHITTA, PIN - 689653
BY ADV
SMT.AMMINIKUTTY.K, SR.G.P,
SHRI.K.SHAJ, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.02.2025, ALONG WITH WP(C).493/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:16922
WP(C) NO. 493 OF 2025 &
WP(C) NO. 7801 OF 2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA,
1946
WP(C) NO. 493 OF 2025
PETITIONER:
K. GANGADHARAN NAIR,
AGED 76 YEARS, S/O. LATE K.K. KOCHUKUNJU NAIR,
GEETHA BHAVAN, VETTOOR P.O., VIA KUMBAZHA,
PATHANAMTHITTA, PIN - 689653
BY ADVS.
P.R.VENKATESH
ASHA P.KURIAKOSE
LAKSHMI MEENAKSHI P.R.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
2ND FLOOR, DISTRICT COLLECTORATE,
PATHANAMTHITTA DISTRICT, PIN - 689645
2 THE MALAYALAPUZHA GRAMA PANCHAYATH,
MALAYALAPUZHA THAZHAM P.O., PATHANAMTHITTA,
REPRESENTED BY ITS SECRETARY, PIN - 689653
2025:KER:16922
WP(C) NO. 493 OF 2025 &
WP(C) NO. 7801 OF 2025
4
3 PRASANTH G. NAIR,
AGED 45 YEARS, S/O. GOPALAKRISHNAN NAIR,
THOTTATHIL VEEDU, VETTOOR P.O.,
MALAYALAPUZHA, PIN - 689653
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV(K/1219/2006)
RONY JOSE(K/705/2012)
LEO LUKOSE(K/001131/2016)
KAROL MATHEWS SEBASTIAN ALENCHERRY(K/126/2010)
DERICK MATHAI SAJI(K/1901/2021)
KARAN SCARIA ABRAHAM(K/003189/2023)
ITTOOP JOY THATTIL(K/2716/2024)
AMMINIKUTTY K. SR.GP
K.SHAJ, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.02.2025, ALONG WITH WP(C).7801/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:16922
WP(C) NO. 493 OF 2025 &
WP(C) NO. 7801 OF 2025
5
JUDGMENT
[WP(C) Nos.7801/2025, 493/2025]
In both these writ petitions, the issue pertains to certain
constructions carried out by the petitioner in W.P.(C)
No.7801/2025, which according to the petitioner in W.P.(C)
No.493/2025 and the respondent Grama Panchayat are illegal
constructions. Ext.P5 in W.P.(C) No.7801/2025 is the notice
issued by the Grama Panchayat in this regard to the petitioner
therein. According to the petitioner therein he had already
submitted Ext.P6 reply to Ext.P5. The apprehension of the
petitioner therein is that, before finalizing the said proceedings
Ext.P5 would be implemented. As far as the petitioner in W.P.
(C) No.493/2025 is concerned, the grievance is that, earlier
Exts.P2, P3 and P4 notices were issued to the petitioner in W.P.
(C) No.7801/2025 and no further action has been taken by the
2025:KER:16922
WP(C) NO. 493 OF 2025 &
WP(C) NO. 7801 OF 2025
Panchayat. Therefore, the petitioner seeks implementation of the
said notices.
2. Anyhow, as the basic issue pertains to the
constructions allegedly carried out by the petitioner in W.P.(C)
No.7801/2025, which is now pending consideration before the
Secretary to the Grama Panchayat as per Ext.P5 proceedings, it is
only proper that the same be finalized after hearing the petitioners
in both these writ petitions.
In such circumstances, these writ petitions are disposed
of directing the Secretary to Malayalapuzha Grama Panchayat, to
consider Ext.P6 objections in W.P(C) No.7801/2025 and pass
final orders on Ext.P5 in W.P(C) No.7801/2025 after hearing the
petitioners in both these writ petitions. Orders shall be passed by
the Secretary, within a period of one month after hearing the
petitioners in both these writ petitions and while considering the
2025:KER:16922
WP(C) NO. 493 OF 2025 &
WP(C) NO. 7801 OF 2025
same, notices produced in W.P.(C) No.493/2025 as Exts.P2, P3
and P4 shall also be taken into account. Till such a decision is
taken Ext.P5 in W.P(C) No.7801/2025 shall not be implemented.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
2025:KER:16922
WP(C) NO. 493 OF 2025 &
WP(C) NO. 7801 OF 2025
APPENDIX OF WP(C) 493/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION
SUBMITTED TO THE SECRETARY,
MALAYALAPUZHA GRAMA PANCHAYATH ON
17.07.2024 BY THE PETITIONER
Exhibit P2 TRUE COPY OF THE NOTICE DATED 7.9.2024
ISSUED BY THE PANCHAYAT
Exhibit P3 TRUE COPY OF NOTICE DATED 3.10.2024
ISSUED BY THE PANCHAYAT
Exhibit P4 TRUE COPY OF NOTICE DATED 8.11.2024
ISSUED BY THE PACHAYATH
Exhibit P5 TRUE COPY OF REPLY DATED 21.12.2024
FROM THE PETITIONER TO THE PANCHAYAT
Exhibit P6 TRUE COPY OF REPRESENTATION SUBMITTED
TO THE DISTRICT COLLECTOR DATED
23.12.2024 BY THE PETITIONER
Exhibit P7 FEW PHOTOGRAPHS OF THE UNAUTHORIZED
CONSTRUCTION
2025:KER:16922
WP(C) NO. 493 OF 2025 &
WP(C) NO. 7801 OF 2025
APPENDIX OF WP(C) 7801/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE OWNERSHIP
CERTIFICATE DATED 15.05.2018 ISSUED BY
THE 3RD RESPONDENT.
Exhibit P2 A TRUE COPY OF THE NOTICE DATED
07.09.2024 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P3 A TRUE COPY OF THE NOTICE DATED
03.10.2024 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P4 A TRUE COPY OF THE NOTICE DATED
08.11.2024 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P5 A TRUE COPY OF THE NOTICE DATED
07.02.2025 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER.
Exhibit P6 A TRUE COPY OF THE REPLY DATED
17.02.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
