Kerala High Court
Thomas vs The District Collector on 16 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C).No.38096 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. 38096 OF 2025
PETITIONERS:
1 THOMAS
AGED 71 YEARS
S/O.THOMAS, KAPPLYANKAL HOUSE, KALAKETTY (PO)
THAMBALAKKADU KARA, KANJIRAPPALLY VILLAGE
KANJIRAPALLY TALUK, KOTTAYAM DISTRICT,, PIN - 686507
2 ABRINO K THOMAS
AGED 36 YEARS
S/O.THOMAS, KAPPLYANKAL HOUSE, KALAKETTY (PO)
THAMBALAKKADU KARA, KANJIRAPPALLY VILLAGE
KANJIRAPALLY TALUK, KOTTAYAM DISTRICT, PIN - 686507
BY ADVS.
SRI.R.REJI
SHRI.M.V.THAMBAN
SMT.THARA THAMBAN
SRI.B.BIPIN
SRI.ARUN BOSE
SMT.JEENA A.V.
SHRI.ARJUN R.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE P.O, KOTTAYAM, KOTTAYAM DISTRICT, PIN -
686002
W.P.(C).No.38096 of 2025
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2 THE TAHSILDAR
TALUK OFFICE, KANJIRAPPALLY KOTTAYAM, PIN - 686507
3 THE VILLAGE OFFICER
KANJIRAPPALLY VILLAGE, KANJIRAPPALLY (PO), KOTTAYAM,
PIN - 686507
4 KANJIRAPPALLY GRAMA PANCHAYAT
KANJIRAPALLY PANCHAYAT OFFICE KANJIRAPPALLY (PO)
KOTTAYAM, REPRESENTED BY THE SECRETARY, PIN - 686507
5 THE SECRETARY
KANJIRAPPALLY GRAMA PANCHAYAT KANJIRAPALLY PANCHAYAT
OFFICE KANJIRAPPALLY (PO) KOTTAYAM, PIN - 686507
6 DAYANA ABRAHAM
AGED 34 YEARS
W/O.JOMON JOSEPH VELLOORATH HOUSE, THIDANADU (PO)
THIDANADU KARA, KONDOOR VILLAGE, MEENACHIL TALUK
KOTTAYAM DISTRICT, PIN - 686122
7 ASHA VARGHESE
AGED 40 YEARS
W/O.JOSY JOSEPH CHIRAKKALATH HOUSE, VADAKKUMBHAGAM
KARA, CHIRAKKADAVU VILLAGE, KANJIRAPPALLY TALUK
KOTTAYAM DISTRICT, PIN - 686507
OTHER PRESENT:
SRI K S ARUN KUMAR, SC, GP SMT DEEPA V
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.38096 of 2025
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P.V.KUNHIKRISHNAN
---------------------
W.P.(C).No.38096 of 2025
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Dated this the 16th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
"i) To issue a declaration that the ongoing illegal
constructions made by 6th and 7th respondents are
negating the Kerala Panchayat Raj Building Rules since
prohibitory orders are passed by the competent Civil
Court.
ii) To issue a writ of Mandamus or any other any
appropriate writ or order, directing the 5th respondent
to pass orders to stop forthwith the ongoing illegal
constructions made by respondents 6 and 7 , since
prohibitory orders are issued by the Hon'ble Munisff
Court, Kanjirappally.
iii) To dispense with the translation of vernacular
documents.
iv) To issue such other further reliefs as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of this case." (SIC)
2. The grievance of the petitioner is that there is illegal
constructions from the 6th and 7th respondents. According to the
petitioner, the petitioner submitted Ext.P8 before the 5 th
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respondent. The learned counsel for the petitioner submitted
that the petitioner will be satisfied if a direction is issued to the
5th respondent to consider the same.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel appearing for respondents 4 and 5. I
also heard the learned Government Pleader. The manner in
which this writ petition is going to be disposed of, I think no
notice is necessary to respondents 6 and 7. If the respondents
6 and 7 are aggrieved by any of the directions issued by this
Court, they are free to file a review petition.
4. Considering the limited prayer of the petitioner for
disposal of Ext.P8, I think that prayer can be allowed.
Therefore, this Writ Petition is disposed of with the
following directions:
a) The 5th respondent is directed to consider and
pass appropriate orders in Ext.P8, after giving an
opportunity of hearing to the petitioner and
respondents 6 and 7, as expeditiously as
possible, at any rate, within six weeks from the
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date of receipt of a certified copy of this
judgment.
b) The petitioner will produce a certified copy of
this judgment along with a copy of the writ
petition with exhibits before the 5th respondent
for compliance.
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
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APPENDIX OF WP(C) 38096/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED BEARING
NO.141/2020 DATED 16.01.2020 OF S.R.O
PONUKKAM EXECUTED BY THE FIRST PETITIONER
IN FAVOUR OF THE 2ND PETITIONER
EXHIBIT P2 TRUE COPY OF THE EXTRACT OF THE PLAINT AS
O.S.NO.3 OF 2025 ON THE FILE OF MUNSIFF
COURT, KANJIRAPPALLY
EXHIBIT P3 TRUE COPY OF THE E-COURTS STATUS OF THE
SUIT AS O.S.NO.3 OF 2025 ON THE FILE OF
MUNSIFF COURT, KANJIRAPPALLY
EXHIBIT P4 TRUE COPY OF THE COMPROMISE PETITION DATED
22.06.2018 IN O.S.NO.10 OF 2018 ALONG WITH
THE SKETCH AND TYPED COPY OF PAGE NO.2
EXHIBIT P5 TRUE COPY OF THE COMPROMISE DECREE DATED
03.07.2018 IN O.S.NO.10 OF 2018
EXHIBIT P5(A) TRUE COPY OF THE JUDGMENT DATED 03.07.2018
IN O.S.NO.10/2018 ON THE FILE OF MUNSIFF
COURT, KANJIRAPPALLY
EXHIBIT P6 TRUE COPY OF THE EXTRACT OF THE EXECUTION
PETITION AS E.P.NO.17/2025 ON THE FILES OF
MUNSIFF COURT, KANJIRAPPALLY
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 04.08.2025 IN
E.A.NO.1/2025 IN E.P.NO.17/2025 IN
O.S.NO.10/2018 ON THE FILES OF MUNSIFF
COURT, KANJIRAPPALLY
EXHIBIT P8 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE 2ND PETITIONER DATED 03.09.2025 BEFORE
THE 5TH RESPONDENT
EXHIBIT P8(A) TRUE COPY OF THE RECEIPT DATED 03.09.2025
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE 1ST PETITIONER DATED 29.01.2025
BEFORE THE 1ST RESPONDENT
EXHIBIT P9(A) TRUE COPY OF THE RECEIPT DATED 29.01.2025
