Kerala High Court
Anitha vs State Of Kerala on 8 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:50131
WP(C) NO. 20018 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
WP(C) NO. 20018 OF 2025
PETITIONERS:
1 ANITHA
AGED 39 YEARS
D/O. SUGATHAN AMBATTU HOUSE, KALADY KARA KALADY
VILLAGE, ALUVA TALUK KALADY P.O, ERNAKULAM DISTRICT
REPRESENTED BY HER FATHER AND POWER OF ATTORNEY
HOLDER SUGATHAN A.K, S/O. KUNJAYYAN, PIN - 683574
2 SUGATHAN A.K
AGED 67 YEARS
S/O.KUNJAYYAN, AMBATTU HOUSE, KALADY KARA KALADY
VILLAGE, ALUVA TALUK KALADY P.O ERNAKULAM DISTRICT,
PIN - 683574
BY ADVS.
SHRI.N.RAJESH
SHRI.GOPAKUMAR P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO LOCAL SELF GOVERNMENT
DEPARTMENT, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
ERNAKULAM CIVIL STATION, KAKKANAD, ERNAKULAM
DISCTRICT, PIN - 682030
3 KANJOOR GRAMA PANCHAYAT
OFFICE OF THE KANJOOR GRAMA PANCHAYAT,
VADAKKUMBHAGAM, KANJOOR P.O, ERNAKULAM DISTRICT
REP.BY ITS SECRETARY, PIN - 683575
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WP(C) NO. 20018 OF 2025
2
4 THE SECRETARY
KANJOOR GRAMA PANCHAYAT OFFICE OF THE KANJOOR GRAMA
PANCHAYAT, VADAKKUMBHAGAM, KANJOOR P.O ERNAKULAM
DISTRICT, PIN - 683575
5 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, GANDHI NAGAR,
KOCHI, ERNAKULAM DISTRICT, PIN - 682020
6 THE VILLAGE OFFICER
VADAKKUMBHAGAM VILLAGE ALUVA TALUK, PIN - 683575
7 THE STATION HOUSE OFFICER, KALADY
KALADY POLICE STATION, KALADY P.O, ERNAKULAM
DISTRICT, PIN - 683574
8 MR.CELESTINE JOHN
S/O. JOHN , CHATHAMKOTTU HOUSE, OKKAL P.O,
CHELAMATTAM VILLAGE KUNNATHUNADU TALUK, PIN -
683550
9 MR.K.D.BABY
RESIDING AT KOLENCHERY HOUSE, KANJOOR P.O,
VADAKKUMBHAGAM ERNAKULAM DISTRICT PROPRIETOR POOJA
MODERN RICE MILL CHENGAL, KALADY P.O,
VADAKKUMBHAGAM, PIN - 683574
BY ADVS.
SRI.V.A.VINOD
SRI.G.P.SHINOD
SHRI.P.G.JOSE
SRI.GOVIND PADMANAABHAN
SHRI.AJIT G ANJARLEKAR
SHRI.ATUL MATHEWS
SMT.GAYATHRI S.B.
OTHER PRESENT:
GP.SMT.JESSY S. SALIM, SC-SRI.T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:50131
WP(C) NO. 20018 OF 2025
3
JUDGMENT
Dated this the 8th day of July, 2025
The writ petition is filed to direct the 4 th
respondent to take immediate steps to implement
Ext. P12 order passed against the 9th respondent.
2. The petitioners are residing within the
territorial limits of the 3rd respondent Panchayat. The 9th
respondent is running a rice mill adjacent to the
petitioners' property, which is operating in a premises
that has been unauthorizedly constructed. Pursuant to
the complaints made by the petitioners, Ext.P12 order
has been passed by the 4th respondent on 24.09.2024.
The said order has attained finality. But, the 4th
respondent is not implementing his own order. Hence,
the writ petition.
3. Heard; the learned counsel for the petitioners,
the learned Government Pleader for the respondents 1, 2
6 and 7, and the respective Standing Counsel for the
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WP(C) NO. 20018 OF 2025
respondents 3, 4 and 5. Even though notice has been
served on the respondents 8 and 9, there is no
appearance for them.
On a consideration of the facts and materials on
record, especially Ext.P12 proceedings was passed as
early as on 24.09.2024, and apparently the same has
attained finality, I am satisfied that the writ petition is to
be allowed. Consequently, I direct the 4 th respondent to
implement Ext.P12 proceedings, in accordance with law
and as expeditiously as possible, at any rate within 60
days from the date of production of a copy of this
judgment.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
rmm8/7/2025
2025:KER:50131
WP(C) NO. 20018 OF 2025
APPENDIX OF WP(C) 20018/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT ISSUED FROM
ALUVA VADAKKUMBHAGAM VILLAGE ON
15.04.2025 BEARING NO.KL07040401530/2025
ISSUED BY THE 6TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT
NO.R-G070306-25000040 DATED 15.04.2025
ISSUED BY THE 4TH RESPONDENT IN RESPECT
OF BUILDING NO.4/56.
Exhibit P3 TRUE COPY OF THE MINUTES OF MEETING DATED
12.09.2023.
Exhibit P4 TRUE COPY OF THE PETITION DATED
14.02.2024 SUBMITTED BEFORE THE 3RD
RESPONDENT UNDER THE RIGHT TO INFORMATION
ACT.
Exhibit P5 TRUE COPY OF THE REPLY BEARING
NO.400597/GGR112/GPO/2024/707/ (1) DATED
12.03.2024 ISSUED BY THE 4TH RESPONDENT
IN THE CAPACITY OF STATE PUBLIC
INFORMATION OFFICER.
Exhibit P6 TRUE COPY OF REPRESENTATION DATED
20.05.2024 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF PETITION DATED 20.05.2024
SUBMITTED BEFORE THE REVENUE DIVISIONAL
OFFICER, FORT KOCHI.
Exhibit P8 TRUE COPY OF PETITION DATED 20.05.2024
SUBMITTED BEFORE THE ASSISTANT EXECUTIVE
ENGINEER, KSEB
Exhibit P9 TRUE COPY OF REPLY BEARING
NO.400597/GGR112/GPO/2024/2402/(1) DATED
14.06.2024 ISSUED BY THE 4TH RESPONDENT
IN HIS CAPACITY AS THE STATE PUBLIC
INFORMATION OFFICER.
Exhibit P10 TRUE COPY OF THE REPORT DATED 06.08.2024
SUBMITTED BY THE 6TH RESPONDENT, TO THE
SUB COLLECTOR, FORT KOCHI WHICH WAS
OBTAINED UNDER THE RIGHT TO INFORMATION
ACT.
Exhibit P11 TRUE COPY OF THE NOTICE NO.SC2-3326/2024
DATED 08.08.2024 ISSUED BY THE 4TH
RESPONDENT TO THE 9TH RESPONDENT.
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WP(C) NO. 20018 OF 2025
Exhibit P12 TRUE COPY OF THE ORDER BEARING
NO.400597/BAUV01/GDO/2024/3326/(1) DATED
24.09.2024 ISSUED BY THE 4TH RESPONDENT
TO THE 9TH RESPONDENT.
Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED
25.09.2024 SUBMITTED BEFORE THE KERALA
STATE POLLUTION CONTROL BOARD.
Exhibit P14 TRUE COPY OF RECEIPT BEARING NO.9010
DATED 25.09.2024 ISSUED FROM THE 5TH
RESPONDENT.
Exhibit P15 TRUE COPY OF PETITION DATED 10.12.2024
SUBMITTED BEFORE THE COMPLAINT REDRESSAL
ADALATH.
Exhibit P16 TRUE COPY OF RECEIPT WITH DOCKET
NO.EKM/0206/A/87329 ISSUED TO THE 2ND
PETITIONER.
Exhibit P17 THE PETITIONERS ARE PRODUCING PHOTOGRAPHS
(2 IN NUMBERS) TO SHOW THE MANNER IN
WHICH THE UNAUTHORIZED CONSTRUCTION IS
MADE BY THE 9TH RESPONDENT TO WHOM
EXHIBIT P12 DEMOLITION ORDER IS ISSUED.
