Kerala High Court
Rema Devi vs Karuvattagrama Panchayath on 17 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 27407 OF 2025 1
2025:KER:77797
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
WP(C) NO. 27407 OF 2025
PETITIONERS:
1 REMA DEVI
AGED 78 YEARS
W/O. GOPINATHAN (LATE), VELANCHIRATHOPPIL,
KARUVATT NORTH MURI, KARUVATTA VILLAGE,
ALAPPUZHA DISTRICT., PIN - 690517
2 GIRIGOPINATH
AGED 50 YEARS
S/O. GOPINATHAN (LATE), VELANCHIRATHOPPIL,
KARUVATTA NORTH MURI,
KARUVATTAVILLAGEALAPPUZHADISTRICT., PIN - 690517
BY ADVS.
SRI.C.UNNIKRISHNAN (KOLLAM)
SRI.D.JAYAKRISHNAN
SHRI.VIVEK NAIR P.
SHRI VIJAYKRISHNAN S. MENON
SHRI.V.ASWIN
SHRI.M.R.RADHAKRISHNAN
SMT.SRUTHI SREEKUMAR
SHRI.G.GOWARDHAN DEV G. NAIR
SMT.BINITHA MARIA THOMAS
SMT.GARGI RAMACHANDRAN
SHRI.K.S.ARAVIND
RESPONDENTS:
1 KARUVATTAGRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, NH 66, KARUVATTA,
KERALA, PIN - 690517
WP(C) NO. 27407 OF 2025 2
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2 SUPERINTENDENT OF SURVEY
ALAPPUZHA DISTRICT, ALISSERY RD, CIVIL STATION
WARD, ALAPPUZHA, KERALA, PIN - 688001
3 BHASKARAN,
S/O.KOCHUAMMINI, AGED 72 YEARS, RESIDING AT
SNEHALAYAM, PUTHIYAVILA P.O, KANDALLOOR VILLAGE,
KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT - 688001
4 PADMAVATHY L,
W/O. BHASKARAN, AGED 62 YEARS, RESIDING AT
SNEHALAYAM, PUTHIYAVILA. P.O KANDALLOOR VILLAGE,
KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT- 688001
BY ADVS.
SRI.H.VISHNUDAS
SHRI.G.SREEKUMAR (CHELUR)
GP SMT. PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 27407 OF 2025 3
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 27407 OF 2025
------------------------------------------------------
Dated this the 17th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:
"i) Issue a writ of Certiorari or any other
appropriate writ, order or direction quashing
Ext.P4 and all further proceedings thereto for
changing the ownership of the residential building
of the petitioners bearing No. 376 of Karuvatta
Village.
ii. Alternatively Issue a writ of mandamus
or any other appropriate writ, order or direction
commanding the 1st Respondent, Secretary,
Karuvatta Grama Panchayat to consider Ext.P5
objection and pass appropriate orders before
effecting any change in the ownership of the
petitioners' residential building bearing No. 376 of
Karuvatta Village.
iii. Pass such other orders, directions, or
reliefs as this Hon'ble Court may deem just and
proper in the facts and circumstances of the case.
iv. Grant cost of this WP."
[SIC]
2. The main prayer in this writ petition is against
Ext.P4. Admittedly, the petitioner has submitted an objection to
ext.P4 as evident by Ext.P5.
3. When this writ petition came up for
consideration before this Court on 29.07.2025, this Court passed
the following orders:
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"Admitted.
2. The learned Government Pleader takes
notice for the 2nd respondent. Issue notice by speed
post to the respondents 1, 3 and 4. The
respondents may file their statements/counter
affidavits, if any. On a consideration of the facts
and the materials on record, I am satisfied that the
petitioners are entitled to an interim order. Hence,
I direct the parties to maintain status quo in
respect of the ownership of the building in the
records, as on today, till the disposal of the writ
petition.
Post on 26.09.2025."
4. Considering the facts and circumstances of the
case, there can be a direction to the 1 st respondent to consider
Ext.P5 after giving an opportunity of hearing to the petitioners
and other effected parties, and till then interim order can be
allowed to continue.
Therefore, this writ petition is disposed of with the
following directions:
1) The party respondents are free to file objections,
if any to Ext.P5 submitted by the petitioner within
two weeks on the date of receipt of a copy of this
judgment.
2) the 1st respondent is directed to consider Ext.P5
after giving an opportunity of hearing to the
petitioners and respondents 3 and 4 as
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expeditiously as possible at any rate within six
weeks from the date of receipt of objection if any
filed by respondents 3 and 4.
3) Till such time, the interim order of status quo
passed by this Court will continue.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AJ
Judgment reserved NA
Date of Judgment 17.10.2025
Draft judgment placed 18.10.2025
Final Judgment uploaded 21.10.2025
2025:KER:77797
APPENDIX OF WP(C) 27407/2025
PETITIONER EXHIBITS
Exhibit P1 THIS S THE TRUECOPY OF THE BUILDING TAX
RECEIPT DATED 15/04/2025 IN THE NAME OF
1STPETITIONER AND HER HUSBAND GOPINATHAN
Exhibit P2 THIS IS THE TREUE COPY OF THE PLAINT IN
OS 140/2025 FILED BY THE PETITIONERS
Exhibit P3 THIS IS THE TRUE COPY OF THE NOTICE DATED
25/04/2025
Exhibit P4 THIS IS THE TRUE COPY OF THE NOTICE DATED
26.04.2025 RECEIVED FROM THE PANCHAYATH
SECRETARY
Exhibit P5 THIS IS THE TRUE COPY OF THEOBJECTION
DATED 12/05/2025 SUBMITTED BY THE
PETITIONERS BEFORE THE 1ST RESPONDENT
PANCHAYATH SECRETARYIS
Exhibit P6 THIS IS THE TRUE COPY OF THE MEASUREMENT
REPORT DATED 17.03.2025
Exhibit P7 THIS IS THE TRUE COPY OF THE AFFIDAVIT
AND COMPLAINT DATED 18.06.2025SUBMITTED
BEFORE THE DISTRICT SURVEY SUPERINTENDENT
ALAPPUZHA AGAINST EXT P6 FILED BY THE
PETITIONERS
Exhibit P8 THIS IS THE BUILDING AGE CERTIFICATE
ISSUED BY THE 1ST RESPONDENT PANCHAYATH
Exhibit P9 . THIS IS THE TRUE COPY OF THE ABOVE FIR
Exhibit p10 THIS IS THE TRUE COPY OF THE RELEVANT
NEWS ITEM OF MALAYALA MANORAMA DATED
19/06/2024
Exhibit P11 THIS IS THE TRUE COPY OF THE RELEVANT
NEWS ITEM REPORTED IN DESHABHIMANI DAILY
DATED 19/06/2024
RESPONDENT EXHIBITS
Exhibit R3(a) A True copy of the Sale Deed No.3853/1986
dated 31-10-1986
Exhibit R3(b) A True copy of the plaint dated 19-05-
2025 in O.S No.167/2025 before the
Hon'ble Munsiff Court, Haripad
Exhibit R3(c) A true copy of the Order dated 21-05-2025
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in IA No.1/2025 in O.S No.167/2025 before
the Hon'ble Munsiff Court, Haripad.
Exhibit R3(d) A True Copy of the Judgment dated 9-12-
Exhibit R3(e) A True copy of the Possession Certificate
dated 11-04-2025 issued by the Karuvatta
village office.
Exhibit R3(f) A True Copy of the Application to change
ownership of the building filed by 3rd
Respondent to the Secretary, Karuvatta
Grama Panchayath dated 25-03-2025.
Exhibit R3(g) A true copy of the Letter issued by the
Secretary, Karuvatta Grama Panchayath-1st
Respondent dated 26-04-2025.
Exhibit R3(h) A True copy of the Certificate issued by
the Village Officer, Karuvatta dated 12-
05-2025.
Exhibit R3(i) A True copy of the statement dated 11-06-
2025 given by Sri.SarathChandran before
the secretary-1st respondent.
Exhibit R3(j) A True Copy of the Letter dated 18-06-
2025 issued by the 1st respondent,
Secretary Karuvatta Grama Pachayath.
Exhibit R3(k) A true copy of the legal opinion dated
17-07-2025 given by the District
Government Pleader, Alappuzha to the 1st
Respondent.
Exhibit R3(l) A True copy of the Land tax Receipt dated
9-04-2025 issued by the Karuvatta Village
Office.
Exhibit R3(m) A true copy of the Land tax receipt dated
1-04-2025 issued by the karuvatta
village.
