Kerala High Court
Fathima. S vs Andoorkonam Grama Panchayath on 13 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 26184 OF 2025
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2025:KER:75824
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 13TH DAY OF OCTOBER 2025 / 21ST ASWINA, 1947
WP(C) NO. 26184 OF 2025
PETITIONER/S:
FATHIMA. S
AGED 30 YEARS
D/O SHAJAHAN, RESIDING AT HILAL BANGLOW, KANIYAPURAM.
P.O, PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM, PIN -
695301
BY ADV SMT.M.HEMALATHA
RESPONDENT/S:
1 ANDOORKONAM GRAMA PANCHAYATH
ANDOORKONAM GRAMA PANCHAYATH OFFICE, KANIYAPURAM,
KANIYAPURAM. P.O, THIRUVANANTHAPURAM REPRESENTED BY THE
SECRETARY, PIN - 695301
2 THE SECRETARY
ANDOORKONAM GRAMA PANCHAYATH, KANIYAPURAM, KANIYAPURAM.
P.O, THIRUVANANTHAPURAM, PIN - 695301
3 ANWAR ISMAIL
S/O ISMAIL PILLA, ANWAR NILAYAM, ALUMOOD, PALLIPPURAM
VILLAGE, KANIYAPURAM.P.O, THIRUVANANTHAPURAM, PIN -
695301
4 AJITHA HAKKIM. G
D/O SAFIYA BEEVI, ANWAR NILAYAM, ALUMOOD, PALLIPPURAM
VILLAGE, KANIYAPURAM. P.O, THIRUVANANTHAPURAM, PIN -
695301
5 ANITHA SHAJAHAN
D/O SAFIYA BEEVI, ANWAR NILAYAM, ALUMOOD, PALLIPPURAM
VILLAGE, KANIYAPURAM. P.O, THIRUVANANTHAPURAM, PIN -
695301
WP(C) NO. 26184 OF 2025
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BY ADVS.
SMT.UMMUL FIDA
SRI.A.S.SHAMMY RAJ
SRI.C.IJLAL
SMT.P.PARVATHY
SHRI.MAJID MUHAMMED K.
SHRI.ANANDU R.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26184 OF 2025
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C.S.DIAS, J.
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WP(C) No.26184 OF 2025
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Dated this the 13th day of October, 2025
JUDGMENT
The writ petition is filed to direct the 2 nd respondent to
effect change of ownership and issue occupancy certificate
based on Ext.P10 completion certificate.
2. The petitioner is the owner in possession of a
property covered under Ext.P1 settlement deed and situated
within the territorial limits of the 1 st respondent-Panchayat.
The petitioner's father had constructed a building in the said
property as per Ext.P3 site approval and permit. Subsequently,
the petitioner's father transferred the ownership of the
building to the petitioner's name. The petitioner's father had
submitted Ext.P4 application for change of ownership to her
name. The petitioner's father was informed that the
respondents 3 to 5 have filed a suit alleging that the
petitioner's father had carried out illegal construction. The
petitioner has not received any notice on the suit. Based on
the complaints of the respondents 3 to 5, an inspection was
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carried out. Then, the 2nd respondent directed the petitioner to
demolish the septic tank that was constructed in the property.
The petitioner has demolished the said septic tank, which is
evidenced by Ext.P11 letter. Yet, the 2 nd respondent has not
transferred the ownership of the property to the petitioner's
name or issued the occupancy certificate. Hence, the writ
petition.
3. Heard; the learned Counsel of the petitioner and the
learned Standing Counsel for the respondents 1 and 2. Even
though service is complete on the respondents 3 to 5, there is
no appearance for them.
4. The learned Standing Counsel for the respondents 1
and 2 submit that the the petitioner has demolished the
unauthorised septic tank. Therefore, now there is no
impediment in considering the petitioner's application for
change of ownership and issuance of the occupancy
certificate. The same would be done immediately. The said
submission is recorded.
In light of the above submission, the writ petition is
disposed of, by directing the 2nd respondent to consider the
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petitioner's application for change of ownership and issuance
of occupancy certificate, in accordance with law, and as
expeditiously as possible, at any rate within four weeks from
the date of production of a copy of this judgment.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/13.10.25
WP(C) NO. 26184 OF 2025
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APPENDIX OF WP(C) 26184/2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE SETTLEMENT DEED NO.553 OF
2023 DATED 21-03-2023 OF MURUKKUMPUZHA SUB
REGISTRAR'S OFFICE
Exhibit-P2 A TRUE COPY OF THE TAX RECEIPT DATED 14-05-
Exhibit-P3 A TRUE COPY OF THE SITE APPROVAL AND PERMIT
NO.A3-BA (246050)/2022 DATED 26-07-2022
GRANTED BY THE 1ST RESPONDENT-ANDOORKONAM
GRAMA PANCHAYATH
Exhibit-P4 A TRUE COPY OF THE APPLICATION DATED 31-12-
2024 SUBMITTED BY THE FATHER OF THE
PETITIONER
Exhibit-P5 A TRUE COPY OF THE REPLY FROM THE 2ND
RESPONDENT TO THE FATHER OF THE PETITIONER
DATED 14-01-2025
Exhibit-P6 A TRUE COPY OF THE PLAINT DATED 04-11-2023 IN
O. S. NO. 543 OF 2023 BEFORE THE HONOURABLE
MUNSIFF'S COURT OF ATTINGAL
Exhibit-P7 A TRUE COPY OF THE ORDER NO.
400241/BAUV01/GPO/2023/6879 (2) DATED 03-10-
2024 ISSUED BY THE ASSISTANT SECRETARY,
ANDOORKONAM GRAMA PANCHAYATH
Exhibit-P8 A TRUE COPY OF THE REPLY SENT BY THE
PETITIONER TO THE 2ND RESPONDENT DATED 18-10-
Exhibit-P9 A TRUE COPY OF THE LETTER FROM THE REGISTERED
ARCHITECT (REGISTERED INSTITUTION/ARCHITECT
ENGINEER/BUILDING DESIGNER/TOWN
PLANNER/SUPERVISOR) DATED 02-12-2022
Exhibit-P10 A TRUE COPY THE COMPLETION CERTIFICATE AS
SELF ATTESTED BY THE OWNER TO THE 2ND
RESPONDENT DATED 02-12-2022
Exhibit-P11 A TRUE COPY OF THE LETTER BEARING NO.
400241/BATP01/GPO/2023/6978 (3) DATED 28-02-
2025 ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
