Kerala High Court
Alavikutty vs State Of Kerala on 5 June, 2025
W.P.(C) No.32688 of 2022 1
2025:KER:39670
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947
WP(C) NO. 32688 OF 2022
PETITIONERS:
1 ALAVIKUTTY
AGED 60 YEARS
S/O KUNJAVARAN, NADUTHODI HOUSE, ATTEERI.P.O,
KOTTAKKAL, MALAPPURAM DISTRICT, PIN-676503.
2 RAFEEQ,
S/O.ALAVIKUTTY, NADUTHODI HOUSE,ATTEERI.P.O,
KOTTAKKAL, MALAPURAM DISTRICT, PIN-676503.
3 ABDUL RAHIM,
S/O.ALAVIKUTTY, NADUTHODI HOUSE, ATTEERI.P.O,
KOTTAKKAL, MALAPPURAM DISTRICT,PIN-676503.
BY ADVS.
SRI.LINDONS C.DAVIS
SRI.G.S.SAJI
SMT.E.U.DHANYA
SMT.SWATHY A.P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, UPHILL, MALAPPURAM-676505.
3 THE SUB COLLECTOR,
SUB COLLECTOR OFFICE, NEAR MINI CIVIL STATION,
PERINTHALMANNA, MALAPPURAM DISTRICT-679322.
W.P.(C) No.32688 of 2022 2
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4 THE DEPUTY DIRECTOR OF PANCHAYAT
CIVIL STATION, UPHILL, MALAPPURAM-676505.
5 THE VILLAGE OFFICER,
VILLAGE OFFICE, POTHUKALLU,
MALAPPURAM DISTRICT-679334.
6 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHI BHAVAN, POTHUKALLU, MALAPPURAM DISTRICT-679334.
7 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, POTHUKALLU, MALAPPURAM DISTRICT-679334.
8 POTHAKALLU GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, P.O.BHOODAN COLONY,
MALAPPURAM DISTRICT-679334.
9 THE SECRETARY,
POTHAKALLU GRAMA PANCHAYAT, P.O.BHOODAN COLONY,
MALAPPURAM DISTRICT-679334.
10 THE PRESIDENT,
POTHAKALLU GRAMA PANCHAYAT, P.O.BHOODAN COLONY,
MALAPPURAM DISTRICT-679334.
11 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER
1ST FLOOR, VIKAS BHAVAN,NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM DIST, PIN-695033, REPRESENTED BY
ITS DIRECTOR.
12 SHAMSUDHEEN,
"KOMBATHIYIL", KOTTAKKAL, ATTEERI, PUTHOOR.P.O,
MALAPPURAM DISTRICT-676503.
13 OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS,
SAPHALYAM COMPLEX, 4TH FLOOR, TRIDA BUILDING,
UNIVERSITY.P.O, THIRUVANANTHAPURAM-695034.
BY ADVS.
SRI.K.M.SATHYANATHA MENON
SRI.BINOY VASUDEVAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.32688 of 2022 3
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VIJU ABRAHAM, J.
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W.P.(C) No.32688 of 2022
.................................................................
Dated this the 5th day of June, 2025
JUDGMENT
The above writ petition has been filed challenging Ext.P6
complaint pending before the Ombudsman for Local Self Government
Institutions.
2. Learned counsel appearing for the petitioners submits that the
said complaint has been closed by the Ombudsman for Local Self
Government Institutions and therefore nothing survives in this writ petition.
Recording the said submission the writ petition is closed.
Sd/-
VIJU ABRAHAM
JUDGE
cks
2025:KER:39670
APPENDIX OF WP(C) 32688/2022
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE DONATION DEED DATED
23.09.2014.
Exhibit P2 A COPY OF THE POSSESSION CERTIFICATE
22.10.2018 OF THE 1ST PETITIONER WITH
IN POTHUKALLU VILLAGE
Exhibit P3 A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 19.12.2018 OF THE 2ND
PETITIONER WITH RESPECT TO SURVEY
NO.969/44 IN POTHUKALLU VILLAGE
Exhibit P4 A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 11.10.2018 OF THE 3RD
PETITIONER WITH RESPECT TO SURVEY
NO.969/43 IN POTHUKALLU VILLAGE
Exhibit P5 A COPY OF THE RELEVANT PAGE OF DATA BANK
REGISTER OF POTHUKALLU GRAMA PANCHAYAT
Exhibit P6 A COPY OF THE COMPLAINT NO.8/20 DATED
06.01.2020 FILED BY THE 12TH RESPONDENT
ALONG WITH NOTICE DATED 22.10.2021 TO
THE 1ST PETITIONER
Exhibit P7 A COPY OF THE MINUTES OF LLMC DATED
24.06.2021
Exhibit P7(A) A TYPED COPY OF EXHIBIT.P7.
Exhibit P8 A COPY OF THE PRELIMINARY OBJECTION
FILED BY THE PETITIONER DATED
19.11.2021.
Exhibit P9 A COPY OF THE ADDITIONAL WRITTEN
STATEMENT 08.07.2022 WITHOUT EXHIBITS.
Exhibit P10 A COPY OF THE ORDER OF THE OMBUDSMAN
DATED 19.4.2022 IN COMPLAINT NO.8/20
Exhibit P11 A COPY OF THE REPORT DATED 22.02.2022 OF
THE DISTRICT COLLECTOR.
Exhibit P12 A COPY OF THE REPORT OF THE SUB
COLLECTOR DATED 02.09.2021
Exhibit P13 A COPY OF THE REPORT OF THE VILLAGE
OFFICER DATED 13.5.2022
Exhibit P14 A COPY OF THE KSREC REPORT ALONG WITH
COVERING LETTER DATED 18.02.2021.
RESPONDENT EXHIBITS
2025:KER:39670
Exhibit R9(a) A true copy of the report of the villaqe
officer dated 28,3,2014 statinq that
there is no bar in conducting
construction activities in land recorded
as UD land
