Sreekumar Kr vs State Of Kerala
2026 Latest Caselaw 1578 Ker

Kerala High Court

Sreekumar Kr vs State Of Kerala on 13 February, 2026

Author: N.Nagaresh

Bench: N.Nagaresh

                                               2026:KER:13478

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

 FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947

                     WP(C) NO. 5844 OF 2026

PETITIONER:

         SREEKUMAR K.R.,
         AGED 68 YEARS,
         SON OF KUNJIRAMAN NAIR,
         MINNARAM, PALLARIMANGALAM MAVELIKARA,
         ALLEPPY DISTRICT,
         PIN - 690107

         BY ADV.
         SRI.S.JAYANT


RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY
         DEPARTMENT OF LOCAL SELF GOVERNMENT,
         SECRETARIAT,
         THIRUVANTHAPURAM,
         KERALA, PIN - 695001

    2    MAVELIKARA THEKKEKARA GRAMA PANCHAYAT
         REPRESENTED BY ITS SECRETARY,
         MULLIKULANGARA ROAD,
         PALLARIMANGALAM P.O, THEKKEKARA,
         MAVELIKARA, PIN - 690107

    3    SECRETARY,
         MAVELIKARA THEKKEKARA GRAMA PANCHAYAT,
         MULLIKULANGARA ROAD,
         PALLARIMANGALAM P.O, THEKKEKARA,
         MAVELIKARA, PIN - 690107
                                                  2026:KER:13478
W.P.(C) No.5844/2026
                             :2:

    4      STATION HOUSE OFFICER,
           MAVELIKARA POLICE STATION
           KOTTANADU,OLD MAVELIKARA,
           MAVELIKARA, PIN - 690101

    5      GOPINATHAN NAIR,
           NIKUNJAM, PONAKAM, NEAR KALATHATTU,
           MAVELIKARA., PIN - 690101

    6      SATHEESH KUMAR,
           CHEMPARATHIYIL,
           PALLARIMANGALAM MAVELIKARA,
           ALLEPPY DISTRICT, PIN - 690107

           BY ADV.
           SRI.VENUGOPAL V., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 13.02.2026, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
                                                         2026:KER:13478
W.P.(C) No.5844/2026
                                  :3:




                            JUDGMENT

Dated this the 13th day of February, 2026

The petitioner, who is a senior citizen and who claims

to be suffering from old age diseases has approached this

Court seeking the following reliefs:

"i) To issue writ in the nature of Mandamus or such other writ, order or direction directing the 2nd and 3rd respondents to fill the pits digged near to petitioner's house for waste dumping.

ii) To direct the 4th respondent: to prevent the 5th respondent from dumping waste to the pits digged near to petitioner's property.

iii) To direct the 4th respondent to initiate action against the 5th and 6th respondents for causing improper waste disposal methods and causing environmental pollution and health hazards to nearby residents.

iv) To issue such other writ or pass such other order as this Hon'ble Court deems fit in the interest of justice and equity."

2026:KER:13478

2. The contention of the petitioner is that the 5 th

respondent is conducting a Kuthiyottam Vazhippadu, a form of

adoration to deity of Chettikulangara Temple. The ceremony

commences from 15.02.2026 and it will continued up to

23.02.2026.

3. The petitioner states that as part of

Kuthiyottam Ceremony, the property lying adjacent to the

petitioner's property belonging to the 6th respondent was taken

for giving food items to the participants of adoration ceremony

and the spectators. Two large holes are drilled near to the

western side of the petitioner's property using JCB for the

purpose of dumping paper waste.

4. The petitioner states that dumping of waste

near to the petitioner's property will cause pollution and health

hazard to petitioner and nearby residents. The petitioner

submitted complaints before various Government authorities.

2026:KER:13478

But, no action has been taken.

5. The writ petition is therefore filed seeking to

direct respondents 2 and 3 to fill the pits dug near to the

petitioner's house for waste dumping.

6. I have heard the learned counsel for the

petitioner.

7. The grievance of the petitioner is relating to

digging of large pits for depositing food waste that may be

generated due to the food served to the devotees in

Kuthiyottam ceremony in the Temple. The Temple ceremony is

yet to begin.

8. It is evident from the pleadings of the

petitioner itself that the organisers have taken steps to avoid

pollution and they have dug large pits for dumping the food

waste. Even before the ceremony, the petitioner has

approached this Court on the basis of apprehension that the 2026:KER:13478

dumping of food waste in the large pits will cause pollution in

the area.

9. I am of the view that the writ petition has been

filed on apprehensions and without any tangible reason.

The writ petition is hence dismissed.

Sd/-

N. NAGARESH JUDGE SR 2026:KER:13478

APPENDIX OF WP(C) NO. 5844 OF 2026

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE PHOTOGRAPHS OF THE HOLES DIGGED NEAR TO PETITIONER'S PROPERTY.

Exhibit P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 09-02-2026.

Exhibit P3             A TRUE COPY OF THE RECEIPT ISSUED BY
                       THE   2ND RESPONDENT    TO EXHIBIT    P2
                       REPRESENTATION.
Exhibit P4             A TRUE COPY OF THE REPRESENTATION

SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

Exhibit P5 A TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 12-02-2026 TO EXHIBIT P4 REPRESENTATION.