Kerala High Court
Mary Jose vs Venkidangu Grama Panchayat on 22 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 15352 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
WP(C) NO. 15352 OF 2025
PETITIONER:
MARY JOSE,
AGED 73 YEARS
W/O. LATE JOSE, KANJIRATHIGAL HOUSE VENKIDANGU
(PO) , THRISSUR DISTRICT PRESENTLY RESIDING AT
CHIRAKKEKARAN HOUSE, SHOP PALACE ROAD, EAST
FORT,THRISSUR, PIN - 680005
BY ADVS.
SRI.BINOY VASUDEVAN
SRI.SREEJITH SREENATH
SMT.RINCY KHADER
SMT.K.V.RAJESWARI
SMT.SUSHAMA DEVI M.
RESPONDENTS:
1 VENKIDANGU GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY VENKIDANGU (PO),
THRISSUR DISTRICT, PIN - 680510
2 THE SECRETARY,
VENKIDANGU GRAMA PANCHAYAT, VENKIDANGU (PO),THRISSUR
DISTRICT, PIN - 680510
3 THE DISTRICT TOWN PLANNER
OFFICE OF THE DISTRICT TOWN PLANNER,CIVIL
STATION,AYYANTHOLE,THRISSUR DISTRICT, PIN - 680003
4 THE VILLAGE OFFICER,
WP(C) NO. 15352 OF 2025
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VENKIDANGU VILLAGE, VENKIDANGU (PO),THRISSUR
DISTRICT, PIN - 680510
5 THE KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY
(KCZMA)
REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR,
KSRTC BUS TERMINAL, THAMPANOOR, THIRUVANANTHAPURAM,
PIN - 695001
BY ADVS.
SHRI.R.RAJPRADEEP
SHRI.PRAKASH M.P., SC, KCZMA
OTHER PRESENT:
GP SMT JESSY S SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15352 OF 2025
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P.V.KUNHIKRISHNAN, J.
---------------------
W.P.(C).No.15352 of 2025
---------------------------
Dated this the 22nd 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, Orders or direction to call for the records leading
to Exhibit P14 and to quash the same.
ii. To issue a Writ of Mandamus, or other appropriate
Writs orders or directions, commanding the
respondents to forward the application submitted by
the petitioner for construction of the retaining wall to
the 5th respondent in the interest of justice.
iii. To dispense with the production of English
Translation of Malayalam Exhibits produced along with
the Writ Petition in the interest of justice;
iv. Render such other orders as this Hon'ble Court may
deem fit and proper in the facts and circumstances of
the case." (SIC)
2. When this writ petition came up for consideration,
this Court passed the following order:-
"The petitioner has filed this writ petition
challenging Ext.P14 notice issued by the 2nd
respondent, the Secretary to the 1 st respondent
WP(C) NO. 15352 OF 2025
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Panchayat. One of the direction issued in Ext.P14 was,
to demolish a retaining wall constructed by the
petitioner in his property abutting a river, on the
reason that the petitioner did not obtain permission
from the 5th respondent. During the course of hearing
the learned standing counsel for the 1 st and 2nd
respondents pointed out that, in case necessary
documents are submitted, same can be forwarded to
the 5th respondent by the 2nd respondent for obtaining
permission.
2. In such circumstances, there shall be an
interim order directing the 2nd respondent to issue a
notice to the petitioner furnishing the details of the
documents to be forwarded to the 2nd respondent for
processing the application for permission for the
construction of the retaining wall. The said notice shall
be issued within a period of two weeks from the date
of receipt of a copy of this order and thereupon,
necessary documents as referred to therein shall be
submitted by the petitioner to the 2nd respondent
within a period of two weeks thereafter. On receipt of
the same, it shall be forwarded by the 2nd respondent
to the 5th respondent without any delay.
There shall be an order of status quo pertains
to the matters covered by Ext.P14, for a period of two
months."
3. Now both sides submitted that the application
submitted by the petitioner is now pending before the 5 th
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respondent. If that is the case, I am of the considered opinion
that there can be a direction to the 5 th respondent to consider
the same and till then, the interim order passed by this Court
can continue.
Therefore, this Writ Petition is disposed of with the
following directions:
a) The 5th respondent is directed to consider the
application submitted by the petitioner, which is
forward by the 2nd respondent, as expeditiously as
possible.
b) Till final orders are passed by the 5 th respondent,
the interim direction issued by this Court to
maintain status quo will continue.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
Judgment reserved NA
Date of Judgment 22/10/25
Judgment dictated 22/10/25
Draft Judgment placed 22/10/25
Final Judgment uploaded 23/10/25
WP(C) NO. 15352 OF 2025
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APPENDIX OF WP(C) 15352/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF DOCUMENT NO.850/1990 DATED
29.05.1990 OF S.R.O MULLASSERY
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
28.09.2024 ISSUED BY THE VILLAGE OFFICER,
VENKIDANGU
EXHIBIT P3 TRUE COPY OF THE STOP MEMO ISSUED BY THE
4TH RESPONDENT DATED 08.03.2022
EXHIBIT P4 TRUE COPY OF THE REPLY DATED 17.03.2022
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE COMMON JUDGMENT DATED
08.08.2024 IN W.P.(C)NO.9792 OF 2023
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 31.12.2022
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P7 TRUE COPY OF THE REPLY DATED 12.01.2023
EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 20.01.2023
ALONG WITH THE SURVEY SKETCH AND THE
REPORT
EXHIBIT P9 TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST
RESPONDENT
EXHIBIT P10 TRUE COPY OF THE REPLY NO.SC3-1143/2023
DATED 09.03.2023
EXHIBIT P11 TRUE COPY OF THE LETTER DATED 01.04.2025
SUBMITTED BY THE PETITIONER BEFORE THE
COASTAL ZONE AUTHORITY ALONG WITH THE
POSTAL RECEIPT
EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 01.03.2025
ISSUED BY THE 2ND RESPONDENT AND TYPED
COPY
EXHIBIT P13 TRUE COPY OF THE REPLY DATED 07.03.2025
SUBMITTED BY THE PETITIONER
EXHIBIT P14 TRUE COPY OF THE ORDER NO.SC3-1757-2025
DATED 02.04.2025 ISSUED BY THE 2ND
RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R2(A) A PHOTOGRAPH SHOWING THE PARTIALLY FILLED
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UP LAND OF THE PETITIONER AS ON 10.06.2023
EXHIBIT R2(B) PHOTOGRAPHS SHOWING THE PRESENT LIE AND
NATURE OF THE LAND OF THE PETITIONER WHICH
CLEARLY SHOWS THE VIOLATION OF CRZ NORMS
EXHIBIT R2(C) A COPY OF THE LETTER RECEIVED FROM THE
TOWN PLANNER, THRISSUR DATED 27.03.2024
WITH FILE NO.LSGD/JD/TSR/1779/2025 N1
EXHIBIT R2(D) A TRUE COPY OF THE LETTER NO.SC3-1104897-
25 DATED 03.05.2025 ISSUED BY THE 2ND
RESPONDENT
