Michael vs Agali Grama Panchayat
2025 Latest Caselaw 10188 Ker

Kerala High Court

Michael vs Agali Grama Panchayat on 28 October, 2025

                                           2025:KER:80674
        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

         THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

TUESDAY, THE 28TH DAY OF OCTOBER 2025/6TH KARTHIKA, 1947

                 WP(C) NO. 2365 OF 2022

PETITIONERS:

    1    MICHAEL,
         AGED 49 YEARS
         S/O.SEBASTIAN, THEKKEKKUTTU HOUSE,
         P.O.KALLAMALA, ATTAPPADI, MANNARKKAD TALUK,
         PALAKKAD DISTRICT-678 582.

    2    SHANTI MICHAEL,
         AGED 42 YEARS
         W/O.MICHAEL, THEKKEKKUTTU HOUSE, P.O.KALLAMALA,
         ATTAPPADI, MANNARKKAD TALUK, PALAKKAD DISTRICT-
         678 582.


         BY ADV SRI.P.JAYARAM


RESPONDENTS:

    1    AGALI GRAMA PANCHAYAT,
         REPRESENTED BY ITS SECRETARY, P.O.AGALI,
         MANNARKKAD TALUK, PALAKKAD DISTRICT-678 581.

    2    THE SECRETARY, AGALI GRAMA PANCHAYATH,
         P.O.AGALI, MANNARKKAD TALUK, PALAKKAD DISTRICT-
         678 581.

    3    OMBUDSMAN FOR LOCAL SELF GOVERNMENT
         INSTITUTIONS, ,
         GW4R+93Q, BARTON HILL, BARTON HILL COLONY,
         KUNNUKUZHY, THIRUVANANTHAPURAM, KERALA-695 035.

    4    THOMAS,
         AGED 55 YEARS
                                            2025:KER:80674
WP(C) NO. 2365 OF 2022

                              2

         S/O.JOSEPH, CHITTILETHU HOUSE, KAKKUPPADI,
         P.O.KALLAMALA, MANNARKKAD TALUK, PALAKKAD
         DISTRICT-678 582.

    5    BABURAJ,
         AGED 55 YEARS
         S/O.SUKUMARAN, KANNILETHU HOUSE, KAKKUPPADI,
         P.O.KALLAMALA, MANNARKKAD TALUK, PALAKKAD
         DISTRICT-678 582.

    6    SUJITH,
         AGED 27 YEARS
         S/O.BABURAJ, KANNILETHU HOUSE, KAKKUPPADI,
         P.O.KALLAMALA, MANNARKKAD TALUK, PALAKAKD
         DISTRICT-678 582.

    7    SHEMEER,
         AGED 35 YEARS
         S/O.SAINABA, NARAYAKKADA HOUSE, KAKKUPPADI,
         P.O.KALLAMALA, MANNARKKAD TALUK, PALAKKAD
         DISTRICT-678 582.

    8    MOHAMMED,
         AGED 45 YEARS
         EZHUPOTHIYIL HOUSE, KAKKUPPADI, P.O.KALLAMALA,
         MANNARKKAD TALUK, PALAKKAD DISTRICT-678 582.

    9    KANNAN,
         AGED 50 YEARS
         S/O.RANGAN, MELEOORU, KAKKUPPADI,
         P.O.KALLAMALA, MANNARKKAD TALUK, PALAKKAD
         DISTRICT-678 582.

         BY ADVS.
         SRI.K.MOHANAKANNAN
         SRI.K.K.RAJEEV

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                        2025:KER:80674
WP(C) NO. 2365 OF 2022

                                   3



                     VIJU ABRAHAM, J.
               ----------------------
                 W.P.(C) No.2365 of 2022
           ------------------------------
          Dated this the 28th day of October, 2025



                        JUDGMENT

Petitioners have approached this Court challenging

Ext.P1 order passed by the Ombudsman for Local Self

Government Institution as well as Ext.P15 notice issued by

the respondent-Grama Panchayat. As per Ext.P15, notice

was issued to the petitioners to remove the unauthorized

construction which is a compound wall. Going by the

respondent-Grama Panchayat, it has been constructed

without obtaining necessary permit in this regard.

2. Petitioners submit that the Ombudsman has no

authority to issue an order in the nature of Ext.P1 interim

order. They would further submit that there is no 2025:KER:80674 WP(C) NO. 2365 OF 2022

encroachment and that the compound wall has been

constructed in accordance with law.

3. Learned counsel appearing for respondents 5 to 9

would submit that Ext.P1 is only an interim order passed by

the Ombudsman for Local Self Government Institution and the

said proceedings filed as Complaint No.159 of 2021 has

already been disposed of as per Ext.R9-1 and the same is not

challenged by the petitioners. A counter affidavit has been

filed by the 2nd respondent stating that the construction

undertaken by the petitioners is unauthorised and thereupon

Ext.P15 notice was issued.

4. I have heard the rival contentions on both sides.

5. After hearing both sides, I am of the view that the writ

petition can be disposed of as follows:

Ext.P15 notice issued by the 2nd respondent-Grama

Panchayat shall be treated as a provisional notice, to which

the petitioners shall file objections, if any, within a period of 2025:KER:80674 WP(C) NO. 2365 OF 2022

two weeks from the date of receipt of a copy of this judgment.

After receipt of the same, the 2nd respondent shall pass final

orders in the matter and take appropriate action, in

accordance with law, after considering Ext.R9-3 objection

filed by the 9th respondent. An opportunity of hearing shall be

afforded to the petitioners and also to the 9th respondent,

representing respondents 4 to 9. A decision in this regard

shall be taken within an outer limit of two months after

receiving the objection to be submitted by the petitioners.

The writ petition is disposed of as above.

Sd/-

VIJU ABRAHAM JUDGE Mn 2025:KER:80674 WP(C) NO. 2365 OF 2022

APPENDIX OF WP(C) 2365/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 22.09.2021 IN COMPLAINT NO.159/2021 ON THE FILES OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

Exhibit P2 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONERS HEREIN IN COMPLAINT NO.159/2021 ON THE FILES OF THE OMBUDSMAN LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. Exhibit P3 TRUE COPY OF THE ORDER DATED 22.10.2021 IN COMPLAINT NO.159/2021 ON THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

Exhibit P4 TRUE COPY OF THE NOTICE NO.A3- 3984/2021 DATED 05.11.2021 ISSUED BY THE SECRETARY AGALI GRAMA PANCHAYATH TO THE PETITIONERS HEREIN.

Exhibit P5 TRUE COPY OF THE REPLY NOTICE DATED 23.11.2021 SENT BY THE PETITIONER TO THE SECRETARY AGALI GRAMA PANCHAYATH IN REPLY TO EXHIBIT P4 NOTICE.

Exhibit P6 TRUE COPY OF THE NOTICE DATED 11.01.2022 UNDER SECTION 149 CR.PC ISSUED TO THE 1ST PETITIONER BY THE SUB INSPECTOR OF POLICE, AGALI POLICE STATION WARNING THE 1ST PETITIONER ABOUT THE LIKELY HOOD OF LAW AND ORDER ISSUES WHILE DEMOLISHING THE PETITIONERS BUILDING., Exhibit P7 TRUE COPY OF THE PLAINT IN OS NO.36/2021 ON THE FILES OF COURT OF THE MUNSIFF MAGISTRATE, MANNARKKAD SUBMITTED BY THE 1ST PETITIONER. Exhibit P8 TRUE COPY OF THE ORDER OF AD INTERIM 2025:KER:80674 WP(C) NO. 2365 OF 2022

INJUNCTION AGAINST THE DEFENDANTS DATED 18.02.2021 IN IA NO.115/2021 IN OS NO.36/2021 ON THE FILES OF COURT OF THE MUNSIFF MAGISTRATE, MANNARKKAD. Exhibit P9 TRUE COPY OF THE COMMISSIONERS REPORT AND PLAN DATED 15.01.2021 SUBMITTED IN OS NO.36/2021MON THE FILES OF COURT OF MUNSIFF MAGISTRATE, MANNARKKAD.

Exhibit P10       TRUE   COPY    OF   THE   AFFIDAVIT   AND
                  APPLICATION     FILED    BY    THE    1ST

PETITIONER IN IA NO.115/2021 IN OS NO.36/2021 ON THE FIELS OF COURT OF THE MUNSIFF MAGISTRATE, MANNARKKAD. Exhibit P11 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENTS 5, 6, 8 HEREIN AND ANOTHER IN IA NO.115/2021 IN OS NO.36/2021 ON THE FIEFS OF COURT OF THE MUNSIFF MAGISTRAE, MANNARKKAD. Exhibit P12 TRUE COPY OF THE SALE DEED NO.1231/2018 SRO AGALI WHEREIN THE PETITIONERS PURCHASED THE PROPERTY. Exhibit P13 TRUE COPY OF THE TAX RECEIPT DATED 03.06.2020 SHOWING PAYMENT OF BASIC TAX BY THE PETITIONERS WITH RESPECT THEIR PROPERTY.

Exhibit P14 TRUE COPY OF THE REPLY NOTICE DATED 27.10.2021 SENT BY THE 1ST PETITIONER TO THE SECRETARY AGALI GRAMA PANCHAYATH IN REPLY TO THE NOTICE DATED 13.10.2020.

Exhibit P15 TRUE COPY OF THE NOTICE NO.A3- 3894/2021 DATED 05.01.2022 ISSUED BY THE SECRETARY AGALI GRAMAMPANCHAYATH TO THE PETITIONS HEREIN DIRECTING DEMOLITION OF THE BUILDING., RESPONDENT EXHIBITS

Exhibit R9-1 True copy of the final order of the Hon'ble Ombudsman dated 29.01.2022 Exhibit R9-2 The photographs of the unauthorized 2025:KER:80674 WP(C) NO. 2365 OF 2022

construction now being carried out by writ petitioners Exhibit R9-3 True copy of the complaint filed by Tribals including respondents Exhibit R9-4 True copy of the acknowledgment receipt issued by the panchayath on receipt of the complaint by this respondents dated 21.07.2023