Kerala High Court
Kuriakose @ Jomon vs The Secretary on 27 October, 2025
2025:KER:80299
W.P.(C). No.20509 of 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 27TH DAY OF OCTOBER 2025 / 5TH KARTHIKA, 1947
WP(C) NO. 20509 OF 2022
PETITIONER:
KURIAKOSE @ JOMON
AGED 47 YEARS
ANTHYALUNKAL HOUSE, ELANJI P.O, ERNAKULAM DIST PIN
- 686665 REPRESENTED BY HIS BROTHER AND POWER OF
ATTORNEY HOLDER, GEORGE KURUVILA, ANTHYALUNKAL
HOUSE, ELANI P.O.EMAKULAM DIST,PIN - 686665.
BY ADV SHRI.JOHN T.PAUL
RESPONDENTS:
1 THE SECRETARY ,
ELANJI GRAMA PANCHAYATH, ELANJI P.O,
ERNAKULAM DIST PIN - 686665.
2 PARAMESWARAN UNNI N,
ASSISTANT SECRETARY, ELANJI GRAMA PANCHAYATH,
ELANJI P.O, EMAKULAM DIST- PIN - 680005.
3 SHERLY JOY,
THETTALIL HOUSE, PERUMBADAVOM P.O, ELANJI,
EMAKULAM DIST- PIN - 686665.
4 GEORGE T S,
THETTALIL HOUSE, PERUMBADAVOM P.O, ELANJI,
EMAKULAM DIST-PIN - 686665.
5 AJITH KUMAR
S/O BIJU P DAMODARAN, KODIYAN KUNNEL HOUSE,
PERUMBADAVOM P.O, ELANJI, ERNAKULAM DIST.,
PIN - 686665.
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W.P.(C). No.20509 of 2022
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6 BIJU P DAMODARAN @ PONNAN,
KODIYAN KUNNEL HOUSE, PERUMBADAVOM P.O.ELANJI,
ERNAKULAM DIST- PIN - 686665.
7 JOSEPH @ KOCHU,
PEEDIYEPPARAMBIL HOUSE, PERUMBADAVOM P.O, ELANJI,
ERNAKULAM DIST- PIN - 686665.
8 ELIAS,
KUZHUPPIL HOUSE, PERUMBADAVOM P.O. ELANJI,
ERNAKULAM DIST- PIN - 686665.
9 GEORGE THOMAS,
S/O THOMAS, CHENNAMPILLIL HOUSE, PERUMBADAVOM P.O,
ELANJI, ERNAKULAM DIST PIN - 686665.
0 M K BABU,
S/0 T C KARAMBAN, PAZHAYAMKOTTIL HOUSE,
PERUMBADAVOM P.O, ELANJI, ERNAKULAM DIST.,
PIN - 686005.
BY ADVS.
SRI.AJITH VISWANATHAN
SRI.N.P.SETHU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No.20509 of 2022
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VIJU ABRAHAM, J.
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W.P.(C) No.20509 of 2022
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Dated this the 27th day of October, 2025
JUDGMENT
The petitioner has approached this Court challenging Ext.P13
provisional order issued under the Kerala Panchayat Raj Act.
2. A perusal of Ext.P13 would reveal that the said provisional
order was issued for the reason that the petitioner has not obtained
permit before starting the construction, to which Ext.P14 reply was
submitted by the petitioner. The petitioner would submit that the
issue was considered by the Ombudsman for the Local Self
Government Institutions and the mediation talk between the
Panchayat and the petitioner in the presence of the elected
member of the ward No.13 of the Panchayat is reflected in the
order, and based on the same the Ombudsman for the Local Self
Government Institutions disposed of the original petition directing
the parties to abide by the conciliatory decision taken in fixing the
width of pathway at 10 feet near the property of the petitioner.
Ext.P5 communication was also issued by the respondent Grama
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Panchayat stating that they have no objection in the petitioner
undertaking the construction activity as directed by the
Ombudsman for Local Self Government Institutions in Ext.P4
order. The petitioner would further submit that though a suit was
filed by the party respondents as O.S. No.574 of 2014, the same
was dismissed for non-prosecution. Though a review petition was
filed, the same was also dismissed as per Ext.P10. On the basis of
the same the petitioner would submit that the stand now taken by
the Panchayat after having issued Ext.P5 is without any basis. The
petitioner has brought all these aspect to the notice of the
respondent Panchayat by filing Ext.P14.
3. Taking into consideration the above facts and
circumstances and on finding that Ext.P13 is only a provisional
order, I am inclined to dispose of the writ petition as follows:
1. The respondent Panchayat shall finalise the proceedings
pursuant to Ext.P13, after considering Ext.P14
objections filed by the petitioner and after affording an
opportunity of being heard to the petitioner and
respondents 3 to 10.
2. A decision in this regard shall be taken by the
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respondent Panchayat as directed above, within an outer
limit of two months from the date of receipt of a copy of
this judgment.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
2025:KER:80299
APPENDIX OF WP(C) 20509/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT
NO.KL07070103110/2022 DATED 09.5.2022.
Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE
NO. 64946561 OF ELANJI VILLAGE OFFICE
DATED 10.5.2022,
Exhibit P3 TRUE COPY OF THE ELANJI GRAMA PANCHAYATH
MEDIATION REGISTER PAGE NO.95 DATED
7.10.2012.
Exhibit P4 TRUE COPY OF THE ORDER OF THE HON'BLE
OMBUDSMAN FOR LSGDI IN O.P NO.303/13
DATED 27.9.2013.
Exhibit P5 TRUE COPY OF THE NOC DATED 1.9.2014 BY
THE ELANJI GRAMA PANCHAYATH.
Exhibit P6 TRUE COPY OF THE CASE DETAILS OF WP (C)
NO.24903/2014.
Exhibit P7 TRUE COPY OF THE INTERIM INJUNCTION ORDER
IN O.S NO.574/2014 OF HON'BLE MUNSIFF
COURT, MUVATTUPUZHA DATED 29.10.2014.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WP (C)
NO.24903/2014 DATED 15.12.2014.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN O.S
NO.574/2014 OF HON'BLE MUNSIFF COURT,
MUVATTUPUZHA DATED 07.01.2020.
Exhibit P10 TRUE COPY OF THE ORDER IN R.P NO.20/2020
IN O.S NO.574/2014 OF HON'BLE MUNSIFF
COURT, MUVATTUPUZHA DATED 20.9.2021.
Exhibit P11 TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER ALONG WITH ITS INWARD RECEIPT
DATED 22.11.2021.
Exhibit P12 COLOUR PHOTOGRAPHS OF THE BOUNDARY WALL
CONSTRUCTION.
Exhibit P13 TRUE COPY OF THE STOP MEMO ORDER NO.A6-
641/2022 DATED 31.5.2022.
Exhibit P14 TRUE COPY OF THE REPLY FILED BY THE
PETITIONER DATED 08.6.2022.
