Kerala High Court
Abdul Kalam Kutty vs State Of Kerala on 4 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.40967 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947
WP(C) NO. 40967 OF 2025
PETITIONER(S):
ABDUL KALAM KUTTY
AGED 42 YEARS, S/O MOHAMMED KUNJU, RESIDING AT
MARANGATTU HOUSE, ADOOPARAMBU P.O, MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686661
BY ADVS.
SRI.K.M.ABDUL MAJEED
SMT.JISHA MOL CLEETUS
SRI.SAFIYAKHAN
SRI.TPM.IBRAHIM KHAN (SR.)
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, IDUKKI DISTRICT, PIN - 685603
3 THE TAHSILDAR
PEERMADE TALUK, PEERMADE, IDUKKI, PIN - 685531
4 ELAPPARA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, ELAPPARA, IDUKKI,
PIN - 685501
5 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, IDUKKI, PIN - 685603
BY ADV.:
SR GP, SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.40967 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.40967 of 2025
------------------------------------------------------
Dated this the 04th day of November, 2025
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"(i)To call for the records relating to Exhibits P-1 to P-5
documents and issue a writ of certiorari or any other
appropriate writ, direction or order to quash Exhibit P-5 being
arbitrary, discriminatory and illegal;
(ii). To issue a Writ of mandamus or any other direction or
order directing the 4th Respondent to grant permission for
the construction of the house in Exhibit P-1 Property in the
light of Exhibit P-6, P-7, P-8 and P-9 Judgments of this
Honourable Court;
And
(iii). To issue any other appropriate writ, order or direction to
meet out justice under the circumstances of the above case"
[SIC]
2. The above writ petition is filed challenging
Ext.P5, by which an application of the petitioner for
building permit is rejected for the reason that the
property in which the building is to be constructed is
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shown as 'thottam' in the Basic Tax Register(BTR).
3. Heard the learned Senior Counsel appearing
for the petitioner, the learned Government Pleader and
also the counsel appearing for the 4th respondent
Panchayath.
4. The learned Senior Counsel Adv. Sri. TPM
Ibrahim Khan submitted that the point raised by the
petitioner is covered in Exts.P6 to P9 judgments of this
Court. The Standing Counsel appearing for the 4 th
respondent Panchayath fairly conceded that the point is
covered in favour of the petitioner. If that be the case,
Ext.P5 can be set aside and there can be a direction to
reconsider the matter.
Therefore, this Writ Petition(C) is allowed in the
following manner:
1. Ext.P5 is set aside.
2. The 4th respondent is directed to reconsider
the petitioner's application for building
permit, in the light of the judgments of this
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Court in Exts.P6 to P9, as expeditiously as
possible, at any rate, within a period of 30
days from the date of receipt of a certified
copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 04.11.2025
Judgment dictated 04.11.2025
Draft Judgment placed 05.11.2025
Final Judgment uploaded 06.11.2025
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APPENDIX OF WP(C) 40967/2025
PETITIONER EXHIBITS
EXHIBIT P-1 A TRUE COPY OF THE PROCEEDINGS NO. B-
31371/2018 DATED 30.05.2018 FOR
FINALIZATION OF THE AUCTION WITH
CERTIFICATE OF CONFIRMATION OF THE
AUCTION AND ORDER CONFIRMATION OF THE
AUCTION
EXHIBIT P-2 A TRUE COPY OF THE LAND TAX PAYMENT
RECEIPT NO. 1819876 DATED 07.07.2025
EXHIBIT P-3 A TRUE COPY OF THE POSSESSION
CERTIFICATE NO. 588/25 DATED
17.07.2025
EXHIBIT P-3 (A) A TRUE COPY OF THE LOCATION SKETCH NO.
383/25 DATED 17.07.2025
EXHIBIT P-4 A TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT OF THE ONLINE APPLICATION NO.
BPCN-00342773-2025 DATED 19.08.2025
EXHIBIT P-5 A TRUE COPY OF THE REPLY LETTER NO.
BPCN-3947952-2025 DATED 24.09.2025
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P-6 THE TRUE COPY OF THE JUDGMENT IN WRIT
PETITION (CIVIL) NO. 13601 OF 2025
DATED 26.05.2025
EXHIBIT P-7 THE TRUE COPY OF THE JUDGMENT IN WRIT
PETITION (CIVIL) NO. 5258 OF 2024
DATED 15.02.2024
EXHIBIT P-8 A TRUE COPY OF THE JUDGMENT IN WRIT
PETITION (CIVIL) NO. 35129 OF 2022
DATED 24.01.2023
EXHIBIT P-9 A TRUE COPY OF THE JUDGMENT IN WRIT
APPEAL NO. 433 OF 2023 DATED
03.03.2023
//TRUE COPY// PA TO JUDGE
