Citation : 2025 Latest Caselaw 10008 Ker
Judgement Date : 23 October, 2025
2025:KER:78995
WP(C) NO. 13836 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
WP(C) NO. 13836 OF 2025
PETITIONER/S:
BALAMANI NANDHAKUMAR,
AGED 64 YEARS
W/O NANDHAKUMAR, KATTANI HOUSE, ARATTUPUZHA,
VALLACHIRA, THRISSUR DISTRICT, PIN - 680562
BY ADVS.
SRI.P.SAMSUDIN
SHRI.JASNEED JAMAL
SMT.LIRA A.B.
SMT.DEVIKA E.D.
SHRI.ABIN RASHID
RESPONDENT/S:
1 THE DISTRICT COLLECTOR, THRISSUR,
COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT,
PIN - 680003
2 THE TAHASILDAR, THRISSUR,
TALUK OFFICE THRISSUR, AYYANTHOLE,
THRISSUR DISTRICT, PIN - 680003
3 THE VILLAGE OFFICER, ARATTUPUZHA,
VILLAGE OFFICE ARATTUPUZHA, VALLACHIRA, THRISSUR
DISTRICT, PIN - 680562
4 THE SECRETARY,
VALLACHIRA GRAMA PANCHAYAT, VALLACHIRA,
ARATTUPUZHA, THRISSUR DISTRICT, PIN - 680562
2025:KER:78995
WP(C) NO. 13836 OF 2025
2
5 VALLACHIRA GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, VALLACHIRA,
ARATTUPUZHA, THRISSUR DISTRICT, PIN - 680562
BY ADVS.
SRI.C.HARIKUMAR
SMT.SANDRA SUNNY
SHRI.ARUN KUMAR M.A
SMT.FARAH JYOTHI PRADEEP
SHRI.S.SIVAKUMAR (TVM)
OTHER PRESENT:
GP SMT JESSY S SALIM
SRI.C.HARIKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:78995
WP(C) NO. 13836 OF 2025
3
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).No.13836 of 2025
----------------------------------------------
Dated this the 23rd day of October, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exhibit-P6 order and quash the same. ii. issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to consider Exhibit-P5 application for building permit dehors Exhibit-P6 and issue the permit. iii. issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to consider Exhibit-P8 representation and pass orders expeditiously within a time frame to be prescribed by this court.
iv. issue a writ of mandamus or any writ, order or direction directing the 4th respondent to grant access to her property through the "Chira Puramboke" land in the interest of justice. v. to dispense with the production of English translation of documents in Vernacular languages. vi. Pass such other orders that are deemed fit and fair in the circumstances of the case.
(SIC) 2025:KER:78995 WP(C) NO. 13836 OF 2025
2. When this Writ Petition came up for consideration, the
learned counsel appearing for the petitioner submitted that the
petitioner will be satisfied if a direction is issued to the 4 th
respondent to consider Ext.P8.
3. Heard the learned counsel for the petitioner and the
learned Government Pleader. I also heard the learned Standing
Counsel for the Panchayat.
4. After hearing both sides, I think there can be a
direction to the Panchayat to consider Ext.P8 within a time
frame.
Therefore, this Writ Petition is disposed of in the following
manner:
1. The 4th respondent is directed to consider and
pass appropriate orders in Ext.P8, after giving an
opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within a
period of one month from the date of receipt of a
certified copy of this judgment.
2. The petitioner will produce a certified copy of
this judgment, along with a copy of this Writ 2025:KER:78995 WP(C) NO. 13836 OF 2025
Petition with exhibits, before the 4th respondent
for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
Judgment reserved NA
Date of Judgment 23.10.2025
Judgment dictated 23.10.2025
Draft Judgment placed 24.10.2025 Final Judgment 25.10.2025 uploaded 2025:KER:78995 WP(C) NO. 13836 OF 2025
APPENDIX OF WP(C) 13836/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED 5596/2007 DATED 07/11/2007, IN RESPECT OF 3.18 ARES OF LAND IN RE SURVEY NO. 449/3 OF ARATTUPUZHA VILLAGE.
Exhibit P2 TRUE COPY OF THE SALE DEED NO.
2618/2009/I DATED 18/09/2009, IN RESPECT OF 1.71 ARES OF LAND IN RE SURVEY NO. 449/12 ARATTUPUZHA VILLAGE. Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 17- 10-2024 Exhibit P4 TRUE COPY OF THE SITE PLAN. Exhibit P5 TRUE COPY OF APPLICATION FOR BUILDING PERMIT DATED 24-10-2024.
Exhibit P6 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 23-01-2025.
Exhibit P7 TRUE COPY OF THE LETTER RECEIVED FROM THE 4TH RESPONDENT BY THE PETITIONER DATED 15/02/2025.
Exhibit P8 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 4TH RESPONDENT AND ITS RECEIPT DATED 10-02-2025.
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