Kerala High Court
Sheela Sudarsan vs Corporation Of Kochin on 16 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C).No.38129 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. 38129 OF 2025
PETITIONER:
SHEELA SUDARSAN
AGED 55 YEARS
W/O SUDARSAN, RESIDING AT THUNDIYIL HOUSE,
POONITHURA P.O, PETTAH, THRIPUNITHURA, ERNAKULAM,
PIN - 682038
BY ADV SHRI.NIKHIL K GOPINATH
RESPONDENTS:
1 CORPORATION OF KOCHIN
ERNAKULAM, REPRESENTED BY ITS SECRETARY, ERNAKULAM,
PIN - 682011
2 THE SECRETARY
MUNICIPAL CORPORATION OF KOCHIN, PARK AVENUE,
ERNAKULAM, PIN - 682011
3 DILEEP KUMAR T.P
AGED 57 YEARS, S/O PARAMESHWARAN, ASHIK BHAVAN,
VILLA NO. 16, VINAYAKA PALACE ORCHADS, EROOR P.O ,
ERNAKULAM, PIN - 682011
BY ADV SRI.SOBHAN GEORGE
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.38129 of 2025
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P.V.KUNHIKRISHNAN
---------------------
W.P.(C).No.38129 of 2025
---------------------------
Dated this the 16th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
"a) Issue a writ of certiorari or any other appropriate
writ, order or direction quashing Exhibit P.6 order
passed by the Hon'ble Tribunal for Local Self
Government Institutions, Thiruvananthapuram in I.A.
No. 208/2024 in Appeal No. 84/2024, as the same is
illegal, arbitrary and unsustainable.
b) Issue a writ of mandamus or any other appropriate
writ, order or direction commanding the 2nd
respondent to forthwith implement Exhibit P5 order,
bearing No. KRP1/3360/23 dated 16-01-2024, and to
demolish the illegal constructions carried out by the 3 rd
respondent.
c) Declare that Exhibit P6 order is void ab initio, being
a non-speaking order passed without assigning
reasons and without affording an opportunity of
hearing to the petitioner and other complainants.
d) Issue a writ of mandamus directing the 2nd
respondent and other competent authorities to ensure
that the canal is restored to its original condition,
unobstructed and free from encroachments, so as to
prevent waterlogging and protect the petitioner's right
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to life and residence.
e) Issue a writ of mandamus or any other appropriate
writ, order or direction commanding the Local Self
Government Institutions Tribunal,
Thiruvananthapuram, to take up and dispose of Appeal
No.84/2024 along with I.A. No.2/2025 filed by the
petitioner, within a time frame to be fixed by this
Hon'ble Court.
f) Dispense the production of translation of the
exhibits in vernacular languages for the time being.
g) Pass such other and further orders as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case." (SIC)
2. The petitioner challenges Ext.P6 order passed by the
Tribunal for Local Self Government Institutions. Ext.P6 is a stay
order passed in a pending appeal, which is numbered as Appeal
No.84/2024. I am of the considered opinion that this Court need
not interfere with Ext.P6 interim order passed by the Tribunal.
The learned counsel appearing for the Corporation submitted
that the petitioner already filed Ext.P7 impleading petition in
the pending appeal. If that is the case, the petitioner can
pursue the impleading petition and thereafter, prays for
vacating the interim order. The learned counsel for the
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petitioner submitted that there may be a direction to consider
Ext.P7 impleading petition. I think that can be allowed.
Therefore, this Writ Petition is disposed of with the
following directions: -
a) The Tribunal for Local Self Government
Institutions, Thiruvananthapuram is directed to
consider Ext.P7 application and pass appropriate
orders in it, as expeditiously as possible, at any
rate, within one month from the 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 Tribunal 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) 38129/2025
PETITIONER EXHIBITS
EXHIBIT P1 A ROUGH SKETCH SHOWING THE LIE OF THE
PROPERTIES OF THE PETITIONER, 3RD
RESPONDENT AND THE CANAL
EXHIBIT P2 TRUE PHOTOGRAPHS SHOWING THE EXTENT OF
ENCROACHMENT OF THE CANAL AND ILLEGAL
CONSTRUCTION OF THE BUILDING BY THE 3RD
RESPONDENT
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE COMPLAINT FILED
BY THE PETITIONER AS KRP1-1705/2023 BEFORE
THE 2ND RESPONDENT DATED 30-05-2023
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE COMPLAINT FILED
BY ONE T.R SURESH TO THE 2ND RESPONDENT
DATED 01-03-2021
EXHIBIT P5 TRUE COPY OF THE CONFIRMATION ORDER PASSED
BY THE 2ND RESPONDENT AS ORDER NO.
KRP1/3360/23 DATED 16-01-2024
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE ORDER IN I.A
NO. 208/2024 IN APPEAL NO. 84/2024 PASSED
BY LOCAL SELF GOVERNMENT INSTITUTIONS,
THIRUVANATHAPURAM DATED 16-02-2024
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE IMPLEADING
PETITION FILED BY THE PETITIONER AS I.A
NO. 2/2025 IN APPEAL NO. 84/2024 BEFORE
THE HON'BLE TRIBUNAL FOR LOCAL SELF
GOVERNMENT INSTITUTIONS,
THIRUVANANTHAPURAM
