Kerala High Court
V R Sajeev , S/O Ramakrishnan V V vs State Of Kerala on 21 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 28279 of 2024
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2025:KER:78469
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947
WP(C) NO. 28279 OF 2024
PETITIONER(S):
1 V R SAJEEV , S/O RAMAKRISHNAN V V,
AGED 60 YEARS
VALLOMPARAMBATHPANIKKASERRY, KODUNGALLUR,
THRISSUR, PIN - 680664
2 ANILKUMAR ,
AGED 58 YEARS
S/O RAMAKRISHNAN, VALLOMPARAMBAT PANIKKASERRY,
SRINGAPURAM ,KODUNGALLUR ,THRISSUR,
PIN - 680664
3 NINI ANIL KUMAR,
AGED 49 YEARS
W/O ANILKUMAR, VALLOMPARAMBATH PANIKKASERRY,
SRINGAPURAM, KODUNGALLUR, THRISSUR,
PIN - 680664
4 VISHNURAJ,
AGED 34 YEARS
S/O RAJEEV, VALLOMPARAMBATH PANIKKASERRY,
KODUNGALLUR, THRISSUR, PIN - 680664
BY ADV. SRI.MANSOOR ALI
RESPONDENT(S):
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY ,LOCAL
SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
W.P.(C) No. 28279 of 2024
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2 THE KODUNGALLUR MUNICIPALITY ,
REPRESENTED BY ITS SECRETARY, MUNICIPALITY
OFFICE BUILDING, KODUNGALLUR P.O , THRISSUR,
PIN - 680664
3 THE SECRETARY, KODUNGALLUR MUNCIPALITY,
MUNICIPALITY OFFICE BUILDING, KODUNGALLUR(P.O),
THRISSUR, PIN - 680664
BY ADV.
GP SMT PREETHA K K,
SRI K A NOUSHAD, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 28279 of 2024
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 28279 of 2024
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Dated this the 21st day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"(i) To call for the records leading to Ext.P6,
Application from the 2nd and 3rd respondent and issue a
writ of mandamus or any other appropriate writ, order or
direction commanding the Respondent to issue Building
permit to the Petitioners theater as per the Kerala
Municipality Building Rules 1999 and the Kerala
Municipality Act and Rules within a stipulated time as
directed by this Hon'ble Court.
(ii) To declare that the Petitioner is entitled to
get Authorized Building permit in compliance of the
Kerala Municipality Building Rules 1999 and the Kerala
Municipality Act and Rules.
(iv) Please to dispense with the production of
translation of documents which is produced as Exhibit-
P2.
(v) To issue such other reliefs as this Hon'ble
Court may deem fit and proper in the circumstances of
the case."[SIC]
2025:KER:78469
2. When this Writ Petition came up for
consideration, the counsel appearing for the petitioners
submitted that the petitioners submitted Ext.P6
application for changing the nature of the building permit
from unauthorised construction to authorised
construction and there may be a direction to consider
Ext.P6.
3. I also heard the learned Standing Counsel
appearing for respondents 2 and 3.
4. After hearing both sides, I think the prayer of
the petitioners can be allowed.
Therefore, this Writ Petition is disposed of in the
following manner:
1. The 2nd respondent is directed to consider
Ext.P6 and pass appropriate orders in it,
after giving an opportunity of hearing to
the petitioners, as expeditiously as
possible, at any rate, within a period of
three months from the date of receipt of
a certified copy of this judgment.
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2. Petitioners will produce a certified copy of
this judgment before the 2nd respondent
for compliance.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
DM
Judgment reserved NA
Date of Judgment 21.10.2025
Judgment dictated 21.10.2025
Draft Judgment placed 22.10.2025
Final Judgment uploaded 22.10.2025
2025:KER:78469
APPENDIX OF WP(C) 28279/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LICENSE ISSUED BY THE
3RD RESPONDENT FOR RUNNING THE
THEATER, HAVING NO:R2-5740/91 DATED
30.09.2022 FOR THE PERIOD 30.12.2021
TO 19.12.2024
EXHIBIT P2 '. THE TRUE COPY OF THE SALE DEED
HAVING NUMBER 927/I/2021 DATED
29.03.2021
EXHIBIT P3 THE TRUE COPY OF THE JUDGEMENT IN WP©
15629/2024 OF HONBLE HIGH COURT OF
KERALA DATED 13.02.2024
EXHIBIT P4 . THE TRUE COPY OF THE CERTIFICATE
HAVING NUMBER G2 13868/2010/CEI DATED
11/02/2011 ISSUED BY THE ADDITIONAL
CHIEF ELECTRICAL INSPECTOR, STATE OF
KERALA
EXHIBIT P5 THE TRUE COPY OF THE TAX RECEIPT FOR
UNAUTHORIZED CONSTRUCTION HAVING NO
01/120010900063 DATED 13.02.2021
EXHIBIT P6 THE TRUE COPY OF THE APPLICATION FILED
BEFORE THE 2ND RESPONDENT DATED
20.07.2024
RESPONDENT EXHIBITS
EXHIBIT R2(A) A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED IN WPC NO. 6598/2014 BY THE 2ND
RESPONDENT
