Kerala High Court
M/S Antony Thomas Contracting Pvt.Ltd vs Pandanad Grama Panchayath on 16 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C).No.35000 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947
WP(C) NO. 35000 OF 2025
PETITIONER/S:
M/S ANTONY THOMAS CONTRACTING PVT.LTD
45/2467, @ONE BUILDING, NH 66 BYEPASS GEETHANJALI
JN., CHALAKKAVATTAM, VYTTILA, ERNAKULAM, COCHIN
REPRESENTED BY ITS MANAGING DIRECTOR, MR. ANTONY
THOMAS, PIN - 682032
BY ADVS.
SHRI.R.PADMARAJ
SHRI.JOMY GEORGE
SRI.M.J.BENNY
SHRI.SAJEEVAN V.T.
SRI.R.AJITH KUMAR [V.K.EDOM]
SHRI.ARJUN S. PRAKASH
SHRI.ANAND SASIDHARAN
SMT.SREEDEVI V.S.
RESPONDENT/S:
1 PANDANAD GRAMA PANCHAYATH
PANDANAD P.O, CHENGANNUR, ALAPPUZHA DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 689506
2 DR. KM CHERIYAN INSTITUTE OF MEDICAL SCIENCES PVT.
LTD
KALLISHERY, UMAYATTUKARA ROAD, CHENGANNUR,
REPRESENTED BY ITS MANAGING DIRECTOR. FR. DR.
ALEXANDER KOODARATHIL, PIN - 689124
W.P.(C).No.35000 of 2025
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BY ADVS.
SHRI.R.RAJPRADEEP
SHRI.SACHIN RAMESH
SMT.SREEDEVI S.
RESPONDENTS:
SMT. JESSY S SALIM, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.35000 of 2025
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P.V.KUNHIKRISHNAN
---------------------
W.P.(C).No.35000 of 2025
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Dated this the 16th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
"a) issue a writ of certiorari to quash Exhibit P7 and P8
letters and P9 decision of the 1st respondent
Panchayat.
b) issue a writ of mandamus or any other appropriate
writ, or direction directing the 1st respondent to take a
fresh decision in the matter only after consider Exhibit
P5 and P6 replies submitted by the petitioner and also
after hearing the petitioner and also having a fresh
site inspection.
c) pass such other order or direction as deem fit to the
facts and circumstances of the case. And
d) to dispense with production of translation of any
document in vernacular." (SIC)
2. The main prayer in this writ petition is against
Exts.P7, P8 and P9 decision of the 1st respondent Panchayath.
The petitioner submitted Exts.P5 and P6 reply to the 1 st
respondent Panchayath. The same is not considered and
Panchayath is proceeding with Exts.P7, P8 and P9 decision, is
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the grievance.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel appearing for the Panchayath.
4. When this writ petition came up for consideration on
22.09.2025, this Court passed the following order:-
"Issue notice by Special messenger to the
respondents. The messenger is also authorized to
affix notice in the addresses of the respondents, if
they are not served in the ordinary way.
The respondents are directed to defer the
implementation of Exhibits P7 and P8 notices and
Exhibit P9 decision till the date of next hearing.
Post on 25/09/2025."
5. The above order was extended on 25.09.2025. I am
of the considered opinion that this writ petition need not be
retained here. There can be a direction to the 1 st respondent to
consider Exts.P5 and P6 and till then, the interim order already
passed by this Court can continue. The petitioner can also be
allowed to file a fresh representation before the Panchayath
and that can also be directed to be considered.
Therefore, this Writ Petition is disposed of with the
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following directions:
a) The petitioner is free to file a fresh
representation narrating the subsequent event
also within two weeks from the date of receipt of
a certified copy of this judgment.
b) The 1st respondent will consider the fresh
representation, if any, submitted along with
Exts.P5 and P6, after giving an opportunity of
hearing to the petitioner and other affected
parties, if any, as expeditiously as possible, at
any rate, within six weeks from the date of
receipt of a representation.
c) Till final orders are passed, all further
proceedings based on Exts.P7, P8 and P9 shall be
deferred.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
Judgment reserved NA
Date of Judgment 16/10/25
Judgment dictated 16/10/25
Draft Judgment placed 16/10/25
Final Judgment uploaded 17/10/25
2025:KER:77111
APPENDIX OF WP(C) 35000/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE AGREEMENT DATED
29.05.2024 BETWEEN THE PETITIONER AND 2ND
RESPONDENT
EXHIBIT P2 THE TRUE COPY OF THE LEASE DEED DATED
29.07.2024
EXHIBIT P3 TRUE COPIES OF THE PHOTOGRAPHS
EXHIBIT P4 TRUE COPY OF THE SHOW CAUSE NOTICE
NO.SE1/4007088/2025 DATED 10.09.2025
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 12.09.2025
ISSUED BY THE PETITIONER
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 15.09.2025
BY THE PETITIONER
EXHIBIT P7 TRUE COPY OF THE NOTICE NO.4383324-2025
DATED 16.09.2025 OF THE 1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 17.09.2025
OF THE 1ST RESPONDENT
EXHIBIT P9 TRUE COPY OF THE DECISION NO. 6 (4) OF THE
MEETING DATED 17.09.2025 OF THE 1ST
RESPONDENT PANCHAYAT
RESPONDENT EXHIBITS
EXHIBIT R1(A) A TRUE COPY OF THE BUILDING CERTIFICATE OF
THE EXISTING PERMANENT BUILDING, TAKEN
FROM THE KSMART SOFTWARE DATED 09/10/2025
EXHIBIT R1(C) A TRUE COPY OF THE REPORT SUBMITTED BY THE
ASSISTANT ENGINEER, LID AND EW SECTION,
PANDANAD GRAMA PANCHAYATH
EXHIBIT R1(B) A TRUE COPY OF THE REPORT OF THE HEALTH
INSPECTOR, PHC, PANDANAD DATED 10/09/2025
