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Kerala High Court
Cfi Church vs State Of Kerala on 13 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO.3077 OF 2026
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2026:KER:13885
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
WP(C) NO. 3077 OF 2026
PETITIONER/S:
CFI CHURCH
HIG 15, SURABHI NAGAR, KAKKANAD REPRESENTED BY
ITS AUTHORIZED SIGNATORY MR. SIBY VARGHESE,
PIN - 682030
BY ADVS.
SHRI.SAIBY JOSE KIDANGOOR
SHRI.BENNY ANTONY PAREL
SMT.PRAMITHA AUGUSTINE
SMT.AFSANA KHAN
SHRI.SREERAJ S. RAJARAM
SHRI.ADARSH PADMANABHAN
SHRI.AMAL DILEEP
SMT.ANNA PAUL
SHRI.VICTOR JOSEPH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION,KAKKANAD,
PIN - 682030
3 THE SENIOR TOWN PLANNER
CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030
4 THIRUVANIYOOR GRAMA PANCHAYAT
THIRUVANIYOOR PANCHAYAT OFFICE, THIRUVANIYOOR
WP(C) NO.3077 OF 2026
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P.O., ERNAKULAM. REPRESENTED BY ITS SECRETARY,
PIN - 682308
5 THE SECRETARY
THIRUVANIYOOR GRAMA PANCHAYAT, THIRUVANIYOOR
PANCHAYAT OFFICE, THIRUVANIYOOR P.O, ERNAKULAM
DISTRICT, PIN - 682308
BY ADV.
SHRI.K.S.ARUN KUMAR
SPL GP, SMT. DEEPA K R
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.3077 OF 2026
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No. 3077 of 2026
-------------------------------
Dated this the 13th day of February, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
"i) Issue a writ of mandamus or other
appropriate writ, order or direction directing the
5th respondent to pass appropriate orders on Ext.
P2 after affording the petitioner an effective
opportunity of hearing without any further delay.
ii) May dispense with filing translation of
vernacular documents.
iii) To pass such other orders as this
Hon'ble court deems fit and proper in the facts
and circumstances of the case in the interest of
justice and good conscience."
[SIC]
2. The petitioner is a charitable trust, namely 'CFI
Church'. The petitioner is the absolute owner of a property
having an extent of 10 acres, comprised in Block No. 41, Re-Sy.
Nos. 231/3, 231/4, 231/5, 231/5-2 and 232/2-5 of Thiruvaniyoor
Village, Kunnathunadu Taluk, Thiruvaniyoor Grama Panchayat.
The petitioner plans to develop the said property by
WP(C) NO.3077 OF 2026
2026:KER:13885
constructing a community hall, a single-family residence and a
state-of the-art cemetery. The petitioner submitted a building
permit application as evident by Ext.P2. The grievance of the
petitioner is that the same is not considered. Hence this Writ
Petition is filed.
3. Heard the learned counsel appearing for the
petitioner, the learned Standing Counsel appearing for the
Panchayat and the learned Special Government Pleader
(LSGD).
4. After hearing both sides, I am of the considered
opinion that the prayer in this Writ Petition can be allowed.
Once a building permit application is received, it is the duty of
the Panchayat to consider the same and pass appropriate
orders. The Standing Counsel appearing for the Panchayat
raised certain objections. I do not want to make any
observation about the same. An opportunity of hearing should
be given to the petitioner, and thereafter decide the application
in accordance with the law, if it is otherwise in order.
Therefore, this Writ Petition is disposed of in the following
manner:
The 5th respondent is directed to consider
and pass appropriate orders in Ext.P2 after giving
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an opportunity of hearing to the petitioner strictly
in accordance with the provisions of the Kerala
Panchayat Building Rules, 2019, as expeditiously
as possible, at any rate, within a period of 30
days from the date of receipt a certified copy of
this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Judgment reserved NA
Date of judgment 13.02.2026
Judgment dictated 13.02.2026
Draft Judgment Placed 16.02.2026
Final Judgment Uploaded 17.02.2026
WP(C) NO.3077 OF 2026
2026:KER:13885
APPENDIX OF WP(C) NO. 3077 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LATEST TAX RECEIPT NO:
KL07050806727/2025 DATED 22.05.2025 OF
THIRUVANIYOOR VILLAGE
EXHIBIT P1(A) TRUE COPY OF THE LATEST TAX RECEIPT NO:
KL07050806731/2025 DATED 22.05.2025 OF
THIRUVANIYOOR VILLAGE
EXHIBIT P1(B) TRUE COPY OF THE LATEST TAX RECEIPT NO:
KL07050809320/2025 DATED 23.06.2025 OF
THIRUVANIYOOR VILLAGE
EXHIBIT P2 TRUE COPY OF THE APPLICATION
REGISTRATION NO: BPCN-00446094-2025
DATED 13.1.2026
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS NO. DCEKM
4240/2024-M5 DATED 09.06.2025 OF THE
DISTRICT COLLECTOR
EXHIBIT P4 TRUE COPY PROCEEDINGS DATED 08.12.2025
BEARING NO. LSGD/JD/EKM/9233/2025-PLG3D-
DIS P3 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W P (C) NO:
3183/2024 DATED 21.02.2024 OF THIS
HONOURABLE HIGH COURT
EXHIBIT P6 TRUE COPY THE LETTER NO: BPCN-00446094-
2025 DATED 31.12.2025 ISSUED BY THE
RESPONDENT PANCHAYATH TO THE PETITIONER
EXHIBIT P7 TRUE COPY OF THE DEED 4563/2022 DATED
25.07.2022 REGISTERED BEFORE THE
PUTHENCRUZ SRO
EXHIBIT P8 TRUE COPY OF THE NOTICE NO: BPCN-
00446094-2025 DATED 03.01.2026 ISSUED BY
THE RESPONDENT PANCHAYATH TO THE
PETITIONER
EXHIBIT P9 TRUE COPY OF REPLY PREFERRED BY THE
PETITIONER TO THE 5TH RESPONDENT DATED
08.01.2026
EXHIBIT P10 TRUE COPY OF THE NOTICE NO:
BPCN00446094-2025 DATED 12.01.2026
ISSUED BY THE 5" RESPONDENT TO THE
PETITIONER
EXHIBIT P11 TRUE COPY OF THE REPLY DATED 29.01.2026
SUBMITTED BY THE PETITIONER TO THE 5TH
RESPONDENT
