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Kerala High Court
Basheer vs The State Of Kerala on 18 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) Nos. 16093 & 16101 of 2025
2026:KER:14473
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
WP(C) NO. 16093 OF 2025
PETITIONER/S:
RINEESH M.R.,
AGED 30 YEARS
S/O. RAFEEQ, MOOTHEDAM(H), , ALLAPRA, VENGOLA
(PO), PERUMBAVOOR, MANAGING PARTNER BRSS PLY
INDUSTRIES,
PIN - 683556
BY ADVS.
SRI.P.M.SANEER
SHRI.GISON ALIYAS
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DISTRICT GENERAL MANAGER,
DISTRICT INDUSTRIES AND COMMERCE, DISTRICT
NDUSTRIES CENTRE, IDUKKI, KERALA, PIN - 685602
3 THE DIRECTOR OF PANCHAYAT,
SWARAJ BHAVAN, GROUND FLOOR, NANTHANCODU,
KOWDIAR.P.O, THIRUVANANTHAPURAM, PIN - 695003
4 ALAKKODE GRAMAPANCHAYAT,
REPRESENTED BY ITS SECRETARY, KALAYANTHANI
(P.O.), ALAKKODE, IDUKKI DISTRICT, PIN - 685588
WP(C) Nos. 16093 & 16101 of 2025
2026:KER:14473
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5 THE SECRETARY,
ALAKKODE GRAMAPANCHAYAT, KALAYANTHANI (PO),
ALAKKODE, IDUKKI DISTRICT, PIN - 685588
6 THE TRIBUNAL FOR LOCAL BODIES,
REPRESENTED BY ITS SECRETARY, SREEMOOLAM
BUILDINGS, COURT COMPLEX, VANCHIYOOR,
THIRUVANANTHAPURAM,
PIN - 695035
BY ADVS.
SHRI.GEORGEKUTTY MATHEW
SR GP - SMT. VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2026, ALONG WITH WP(C).16101/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 16093 & 16101 of 2025
2026:KER:14473
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
WP(C) NO. 16101 OF 2025
PETITIONER/S:
BASHEER,
AGED 58 YEARS
S/O. KUNJIPAREETH, KUNJATHI(H), KANDANTHARA,
ALLAPRA(PO), PERUMBAVOOR, PROPRIETOR WHITE OAK
PLY INDUSTRIES, PIN - 683556
BY ADVS.
SRI.P.M.SANEER
SHRI.GISON ALIYAS
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DISTRICT GENERAL MANAGER,
DISTRICT INDUSTRIES AND COMMERCE, DISTRICT
NDUSTRIES CENTRE, IDUKKI, KERALA, PIN - 685602
3 THE DIRECTOR OF PANCHAYAT,
SWARAJ BHAVAN, GROUND FLOOR, NANTHANCODU,
KOWDIAR.P.O, THIRUVANANTHAPURAM, PIN - 695003
4 ALAKKODE GRAMAPANCHAYAT,
REPRESENTED BY ITS SECRETARY, KALAYANTHANI (PO),
ALAKKODE, IDUKKI DISTRICT, PIN - 685588
WP(C) Nos. 16093 & 16101 of 2025
2026:KER:14473
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5 THE SECRETARY,
ALAKKODE GRAMAPANCHAYAT, KALAYANTHANI (P.O),
ALAKKODE, IDUKKI DISTRICT, PIN - 685588
6 THE TRIBUNAL FOR LOCAL BODIES,
REPRESENTED BY ITS SECRETARY, SREEMOOLAM
BUILDINGS, COURT COMPLEX, VANCHIYOOR,
THIRUVANANTHAPURAM,
PIN - 695035
BY ADV.
SHRI.GEORGEKUTTY MATHEW
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2026, ALONG WITH WP(C).16093/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 16093 & 16101 of 2025
2026:KER:14473
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) Nos. 16093 & 16101 of 2025
-------------------------------
Dated this the 18th day of February, 2026
JUDGMENT
These two Writ Petitions are connected and therefore I
am disposing of these Writ Petitions by a common judgment.
2. The petitioners in these Writ Petitions, Rineesh
and Basheer, submitted a building permit application for starting
a plywood unit. According to them, they obtained consent to
establish from the Kerala State Pollution Control Board, NOC from
the department of Fire and Rescue Services, Udhyam registration
certificate issued from the Government of India and also GST
registration from the Government of India. The petitioners
constructed the building based on the permit issued in
accordance with the Micro Small and Medium Enterprises
Facilitation Act, 2019 (for short 'MSME Act'). Now, the petitioners
wants to number the building. Hence, the petitioners applied for
building permit and building number before the Panchayat. The
Engineering Wing of the Panchayat recommended that the
building can be numbered. But the Secretary of the Panchayat
issued Ext.P11 proceedings stating that there is objection from
WP(C) Nos. 16093 & 16101 of 2025
2026:KER:14473
some of the members of the committee of the Panchayat, and
therefore the matter is referred to the Government and the
Government referred the matter to the Tribunal for Local Self
Government Institutions (for short 'Tribunal'). Aggrieved by the
same, these Writ Petitions are filed.
3. Heard the learned counsel appearing for the
petitioners, the learned Standing Counsel appearing for the
Panchayat and the learned Government Pleader.
4. When these Writ Petitions came up for
consideration, the counsel appearing for the petitioners
submitted that, based on the reference of the Government, the
Tribunal disposed of the reference as per Reference Nos.2 and 3
of 2025. It will be better to extract the relevant portion of
Reference No.2/2025 in W.P.(C) No.16093 of 2025:
"In the above circumstances, the reference is
answered to the effect that the resolution No. 20(1) dated
30/12/2024 and No.4(1) dated 23/01/2025 taken by the
Alacode Grama Panchayat Committee to reject the building
permit application submitted by Rineesh M.R and others is
illegal and without jurisdiction. If Secretary of the Grama
Panchayat has taken a decision on that application it can be
appealed before this Tribunal under Section 276 (4) of the
Kerala Panchayat Raj Act."
5. The same is the report in Reference No.03 of
WP(C) Nos. 16093 & 16101 of 2025
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2025 also. In the light of the same, the Government has to pass
appropriate orders forthwith, based on the decision of the
Tribunal in both these cases.
Therefore, these Writ Petitions are disposed of in the
following manner:
1. The 1st respondent in these Writ Petitions is
directed to pass consequential order in the light of
the report dated 08.01.2026 in Reference Nos.02 of
2025 and 03 of 2025, as expeditiously as possible,
at any rate, within a period of one month from the
date of receipt of a certified copy of this judgment.
2. Based on the decision of the 1 st respondent,
respondent Nos.4 and 5 will pass consequential
order within two weeks from the date of receipt of
the order from the Government.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Judgment reserved NA
Date of judgment 18.02.2026
Judgment dictated 18.02.2026
Draft Judgment Placed 18.02.2026
Final Judgment Uploaded 19.02.2026
WP(C) Nos. 16093 & 16101 of 2025
2026:KER:14473
APPENDIX OF WP(C) NO. 16093 OF 2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT
ISSUED IN FAVOR OF THE PETITIONER AND
HIS PARTNER AMIL RIZWAN P S AS NO.
KL06041003377/2024 ISSUED BY THE VILLAGE
OFFICER, ALAKKODE DATED 02/07/2024.
EXHIBIT P2 A TRUE COPY OF THE POSSESSION
CERTIFICATE IN RESPECT OF THE LAND OWNED
BY THE PETITIONER AS NO. 87032942 DATED
05/07/2024 ISSUED BY THE VILLAGE OFFICER
EXHIBIT P3 A TRUE COPY OF THE ACKNOWLEDGE
CERTIFICATE ISSUED BY THE GENERAL
MANAGER, DISTRICT INDUSTRIES CENTRE
DATED 10/09/2024
EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE OF
CONSENT TO ESTABLISH ISSUED BY THE
KERALA STATE POLLUTION CONTROL BOARD AS
NO KSPCB/ID/ICE/10076362/2024 DATED
11/10/2024
EXHIBIT P5 A TRUE COPY OF THE NOC
FRS/06/TDP/26858/2024/SITE ISSUED BY THE
DEPARTMENT OF FIRE AND RESCUE SERVICES
DATED 10/10/2024
EXHIBIT P6 A TRUE COPY OF THE GST REGISTRATION
CERTIFICATE NO. 32ABDFB5396G1ZI DATED
05/09/2024 ISSUED BY THE GOVERNMENT OF
INDIA TO PETITIONER'S INDUSTRY
EXHIBIT P7 A TRUE COPY OF THE UDYAM REGISTRATION
CERTIFICATE ISSUED TO THE PETITIONER BY
THE GOVERNMENT OF INDIA DATED 03/10/2024
EXHIBIT P8 A TRUE COPY OF THE E-CHALLAN NO.
KL024896899202425E DATED 06/11/2024
ISSUED BY THE DEPARTMENT OF TREASURIES
EXHIBIT P9 A TRUE COPY OF THE PAYMENT RECEIPT
ISSUED BY THE 4TH RESPONDENT DATED
19/09/2024 IN THE NAME OF THE PETITIONER
EXHIBIT P10 A TRUE COPY OF THE RTI APPLICATION
SUBMITTED BY MR. RAFEEQ DATED 02/01/2025
BEFORE THE PUBLIC INFORMATION OFFICER
AND THE REPLY GIVEN BY THE INFORMATION
OFFICER OF THE PANCHAYAT
EXHIBIT P11 A TRUE COPY OF THE COMMUNICATION NO.
400554BPHI03/GPO/2024/2644/(3) DATED
WP(C) Nos. 16093 & 16101 of 2025
2026:KER:14473
20/02/2025 ISSUED BY THE 5TH RESPONDENT
EXHIBIT P12 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE
DISTRICT GENERAL MANAGER, DISTRICT
INDUSTRIES AND COMMERCE DATED 24/03/2025
EXHIBIT P13 A TRUE COPY OF THE REPORT REFERENCE NO
02/2025 DATED 8/1/2026 ISSUED BY THE 6TH
RESPONDENT.
WP(C) Nos. 16093 & 16101 of 2025
2026:KER:14473
APPENDIX OF WP(C) NO. 16101 OF 2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT
ISSUED IN FAVOR OF THE PETITIONER BY THE
VILLAGE OFFICER, ALAKKODE AS NO.
KL06041003376/2024 DATED 02/07/2024
ISSUED BY THE VILLAGE OFFICER, ALAKKODE
IS PRODUCED HEREWITH AND MARKED AS
EXHIBIT P1
EXHIBIT P2 A TRUE COPY OF THE POSSESSION
CERTIFICATE IN RESPECT OF THE LAND OWNED
BY THE PETITIONER AS NO. 87033120 DATED
05/07/2024 ISSUED BY THE VILLAGE OFFICER
EXHIBIT P3 A TRUE COPY OF THE ACKNOWLEDGE
CERTIFICATE ISSUED BY THE GENERAL
MANAGER, DISTRICT INDUSTRIES CENTRE
DATED 10/09/2024
EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE OF
CONSENT TO ESTABLISH ISSUED BY THE
KERALA STATE POLLUTION CONTROL BOARD AS
NO KSPCB/ID/ICE/10076368/2024 DATED
16/10/2024
EXHIBIT P5 A TRUE COPY OF THE NOC
FRS/06/TDP/26856/2024/SITE ISSUED BY THE
DEPARTMENT OF FIRE AND RESCUE SERVICES
DATED 10/10/2024
EXHIBIT P6 A TRUE COPY OF THE GST REGISTRATION
CERTIFICATE NO. 32EONPK1284K1ZN DATED
22/05/2024 ISSUED BY THE GOVERNMENT OF
INDIA TO PETITIONER'S INDUSTRY
EXHIBIT P7 A TRUE COPY OF THE UDYAM REGISTRATION
CERTIFICATE ISSUED TO THE PETITIONER BY
THE GOVERNMENT OF INDIA DATED 03/10/2024
EXHIBIT P8 A TRUE COPY OF THE E-CHALLAN NO.
KL024897964202425E DATED 06/11/2024
ISSUED BY THE DEPARTMENT OF TREASURIES
EXHIBIT P9 A TRUE COPY OF THE PAYMENT RECEIPT
ISSUED BY THE 4TH RESPONDENT DATED
19/09/2024 IN THE NAME OF THE PETITIONER
EXHIBIT P10 A TRUE COPY OF THE RTI APPLICATION
SUBMITTED BY MR. RAFEEQ DATED 02/01/2025
BEFORE THE PUBLIC INFORMATION OFFICER
AND THE REPLY GIVEN BY THE INFORMATION
OFFICER OF THE PANCHAYAT
WP(C) Nos. 16093 & 16101 of 2025
2026:KER:14473
EXHIBIT P11 A TRUE COPY OF THE COMMUNICATION NO.
400554BPHI03/GPO/2024/2640/(3) DATED
04/03/2025 ISSUED BY THE 5TH RESPONDENT
EXHIBIT P12 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE
DISTRICT GENERAL MANAGER, DISTRICT
INDUSTRIES AND COMMERCE DATED 24/03/2025
RESPONDENT EXHIBITS
EXHIBIT R2(A) A TRUE COPY OF THE LETTER DATED
03.03.2025
EXHIBIT R2(B) A TRUE COPY OF THE APPLICATION DATED
24.03.2025
PETITIONER EXHIBITS
EXHIBIT P13 A TRUE COPY OF THE REPORT REFERENCE NO
03/2025 DATED 8/1/2026 ISSUED BY THE 6TH
RESPONDENT.
