Malleswary vs Agali Grama Panchayath
2025 Latest Caselaw 9799 Ker

Kerala High Court

Malleswary vs Agali Grama Panchayath on 16 October, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                                  2025:KER:77392


          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. 38074 OF 2025

PETITIONER:

          MALLESWARY
          AGED 41 YEARS
          D/O RANGAN, 343 MELOORU, AGALI,
          PALAKAD, PIN - 678 581.


          BY ADVS.
          SHRI.ANEESH K.R
          SHRI.JOSEPH BEN
          SMT.ANJANA P.
          SMT.AISWARYA.A




RESPONDENTS:


    1     AGALI GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY,
          AGALI GRAMA PANCHAYATH OFFICE, AGALI,
          PALAKAD, PIN - 678 581.

    2     THE SECRETARY,
          AGALI GRAMA PANCHAYATH OFFICE, AGALI,
          PALAKAD, PIN - 678 581.



          SRI MOHANAKANNAN, SC
 W.P.(C) No.38074 of 2025

                                                            2025:KER:77392
                                    -2-

      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.38074 of 2025

                                                            2025:KER:77392
                                     -3-

                  P.V.KUNHIKRISHNAN ., J
                --------------------------------------
                  W.P.(C) No.38074 of 2025
                 ------------------------------------
           Dated this the 16th day of October, 2025

                            JUDGMENT

The above Writ Petition is filed with the following prayers.

"i. Call for records pertaining to Exhibit P7 and quash Exhibit P7

ii. Issue a writ of Mandamus or any other appropriate writ, order of direction, commanding the respondents to forthwith consider and pass appropriate orders on Exhibit P13 within a time frame to be fixed by this Honourable Court directing the respondents to permit the petitioner to resume constructions.

Iii. Grant such other and further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case"

[SIC]

2. The petitioner is aggrieved by Ext.P7 stop memo issued by

the Agali Grama Panchayat. As per the above stop memo, the petitioner

is directed to stop the construction activity. The petitioner submitted

Exts.P8 and P13 representations against the stop memo. The same is

not considered is the grievance.

3. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent.

4. After hearing both sides, I think there can be a direction

issued to the Panchayat to consider the representation submitted by

2025:KER:77392

the petitioner within a short period.

5. Therefore, this Writ Petition is disposed of with the

following directions:

1. The 2nd respondent is directed to consider and pass

appropriate orders in Ext.P8 and P13, after giving an

opportunity of hearing to the petitioner and other affected

parties, if any, as expeditiously as possible, at any rate, within

a period of three weeks from the date of receipt of a copy of

this judgment.

2. The petitioner will produce a certified copy of this

judgment along with a copy of this Writ Petition with exhibits,

before the 2nd respondent for compliance.

Sd/-

                                                   P.V.KUNHIKRISHNAN
                                                          JUDGE

   ADS
Judgment reserved                NA
Date of Judgment              16.10.2025
Judgment dictated             16.10.2025
Draft Judgment placed         17.10.2025
Final Judgment uploaded       18.10.2025


                                                      2025:KER:77392


                      APPENDIX OF WP(C) 38074/2025

PETITIONER EXHIBITS

Exhibit P1                 THE   TRUE  COPY   OF THE   RELATIONSHIP

CERTIFICATE DATED 28.12.2022 ISSUED BY AGALI VILLAGE OFFICE.

Exhibit P2 THE TRUE COPY OF THE PATTA WITH REG NO 1194/1975 DATED 27.02.1976 ISSUED BY LAND TRIBUNAL AGALI.

Exhibit P3 THE TRUE COPY OF THE SKETCH OF 5.6 ACRES OF LAND IN SY NO 1129/2 OF AGALI VILLAGE.

Exhibit P4 THE TRUE COPY OF THE SANCTION LETTER DATED 01.05.2023 ISSUED BY OORUMOOPPAN.

Exhibit P5 THE TRUE COPY OF THE CERTIFICATION ISSUED BY ST PROMOTER DATED 01.03.2023.

Exhibit P6 THE TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE LEGAL HEIRS OF LATE POTHA DATED 24.04.2023.

Exhibit P7 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 19.06.2023.

Exhibit P8 THE TRUE COPY OF THE REPRESENTATION DATED 01.07.2023 ISSUED BY THE PETITIONER TO THE RESPONDENT.

Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 11.10.2023 IN W.P.(C) NO. 33356/2023 OF HIGH COURT OF KERALA.

Exhibit P10 THE TRUE COPY OF THE REQUEST DATED 12.05.2025 ISSUED UNDER RTI ACT BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P11 THE TRUE COPY OF THE REPLY DATED 12.06.2025 ISSUED BY THE 1ST RESPONDENT UNDER RTI ACT.

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Exhibit P12 THE TRUE COPY OF THE REPLY DATED 11.07.2025 ISSUED BY THE FIRST APPELLATE AUTHORITY UNDER RTI ACT PALAKAD.

Exhibit P13 THE TRUE COPY OF THE REPRESENTATION DATED 02.09.2025 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER.