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Kerala High Court
Jayanandan vs State Of Kerala on 23 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO.31316 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
WP(C) NO. 31316 OF 2024
PETITIONER/S:
1 JAYANANDAN,
AGED 68 YEARS
S/O.ACHUTHAN, POTTANTHADATHIL HOUSE,
PERAMANGALAM.P.O., THRISSUR-680545, NOW
RESIDING AT POTTANTHADATHIL HOUSE, AYYANTHOLE,
THRISSUR, PIN - 680003
2 UMA JAYANANDAN,
AGED 57 YEARS
W/O.JAYANANDAN, POTTANTHADATHIL HOUSE,
PERAMANGALAM.P.O., THRISSUR-680545, NOW
RESIDING AT POTTANTHADATHIL HOUSE, AYYANTHOLE,
THRISSUR, PIN - 680003
BY ADVS.
SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SHRI.BABU V.P.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL
SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 KAIPARAMBU GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, MUNDOOR.P.O.,
THRISSUR DISTRICT, PIN - 680541
3 SECRETARY,
WP(C) NO.31316 OF 2024
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KAIPARAMBU GRAMA PANCHAYAT, MUNDOOR.P.O.,
THRISSUR DISTRICT, PIN - 680541
4 THE TAHSILDAR (LR),
TALUK OFFICE, THRISSUR, PIN - 680003
5 THE VILLAGE OFFICER,
PERAMANGALAM VILLAGE, THRISSUR DISTRICT,
PIN - 680545
6 THE ASSISTANT ENGINEER,
LID & EW, OFFICE OF THE ASSISTANT ENGINEER,
KAIPARAMBU GRAMA PANCHAYAT, MUNDOOR.P.O.,
THRISSUR DISTRICT, PIN - 680541
7 THE AGRICULTURE OFFICER,
KRISHI BHAVAN, KAIPARAMBU, THRISSUR DISTRICT,
PIN - 680541
8 THE TALUK SURVEYOR,
TALUK OFFICE, THRISSUR, AYYANTHOLE, THRISSUR
DISTRICT, PIN - 680003
9 RAMACHANDRAN,
THEKKILATHUMANACKAL HOUSE, PERAMANGALAM,
THRISSUR DISTRICT, PIN - 680545
BY ADV.
SRI. K B GANGESH, SC,
GP, SRI. K JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.31316 OF 2024
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No. 31316 of 2024
-------------------------------
Dated this the 23rd day of February, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
"i) issue a Writ of Mandamus or any other
appropriate writ, order or direction to the
respondents 2 and 3 to restore the culvert illegally
closed by them while tarring the road and restore
the drainage ('chal') illegally closed by the 9 th
respondent, so as to enable free flow of water to
public thodu and to prevent flow of water to
petitioners' property;
ii) issue a Writ of Mandamus or any other
appropriate writ, order or direction to the
respondents 2, 3 and 8 to complete the
proceedings required to resolve the issue
regarding stagnation of water in petitioners'
property, as reported by the 6 th respondent vide
Ext.P10, forthwith in a time bound manner;
iii) petitioners also pray that this Hon'ble
Court may be pleased to dispense with production
of translation of the documents produced in
vernacular language; &
iv) issue such other reliefs as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case."
[SIC]
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2. This Writ Petition is filed alleging inordinate delay
caused by respondents 2 and 3 in restoring the culvert which
they closed while tarring the road and to restore the
drainage, which according to the petitioners is reclaimed by
the 9th respondent. Petitioners are husband and wife. They
have property in Ward No.11 of the 2 nd respondent
Panchayat, and northern boundary of their property is the
Panchayat 'thodu' lying in east-west direction. They were
using the said property for agricultural purpose, is the
submission. There was a drainage lying in south-north
direction starting from Kap India Tile Factory Road to the
above said 'thodu' and there was a culvert constructed by
the 2nd respondent under the road, is the submission. The
drainage was passing along the eastern boundary of the 9 th
respondent and reached at the above public thodu, is the
further submission. According to the petitioners, the 2 nd
respondent closed the culvert in May, 2015 at the instance of
the 9th respondent under the pretext of tarring the road and
the drainage water started directly flowing to the petitioners'
property and getting stagnated there. It is also submitted
that the petitioners agricultural property became water
logged and became useless for agricultural purpose. After
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closure of the culvert, the 9 th respondent reclaimed the
drainage in the year 2018, is the further submission. Vide
Ext.P7 judgment, this Court directed the 3rd respondent to
consider and pass appropriate orders on Ext.P6
representation submitted by the 1st petitioner, and vide
Ext.P10, the 3rd respondent decided to resolve the issue, but
so far the issue has not been resolved, is the grievance of the
petitioners. After Ext.P7, the respondents 6 and 7 submitted
Exts.P8 and P9 reports before the 3 rd respondent. In Ext.P8 it
is stated that the water 'chal' (drainage) is seen closed. In
Ext.P9 it is reported that water logging is caused in the
property of the petitioners due to closure of drainage and to
avoid water logging, 5 metre long culvert and 40 metres long
drainage are to be constructed. According to the petitioners,
for the last nine years, the petitioners are not in a position to
use their land. No effective action has been taken to redress
the grievance of the petitioners. Hence, this Writ Petition is
filed.
3. Heard the learned counsel appearing for the
petitioners , the learned Standing Counsel appearing for the
Panchayat and the learned Government Pleader. Even
though notice was issued to the 9 th respondent, there is no
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appearance for the 9th respondent.
4. When this Writ Petition came up for consideration
before this Court on 16.01.2026, this Court directed the 2 nd
and 3rd respondents to file an affidavit about the steps taken
after Ext.P9 recommendation of the Assistant Engineer. Now,
an affidavit is filed by the 2 nd and 3rd respondents. It will be
better to extract the relevant portion of the above affidavit
dated 16.02.2026:
"6. As per the inspection report of the LSGD
Engineer, in order to avoid water logging in the
property of the petitioners, a culvert has to be
constructed across the road in continuation of the
existing concrete drainage that ends near the
petitioners' property. Thereafter the drainage water
could be channeled to the Thodu through the left
side of the road by constructed of a drainage. As the
present road is narrow, the drain will have to be
closed using slabs so as to maintain it as motorable.
The cost of entire construction is estimated at Rs.
3,50,000/-. It is in order to enable implementation of
the aforesaid construction project that the
boundaries of Panchayath puramboke was sought to
be demarcated by the revenue authorities. Request
in this regard has already been made to the Taluk
Surveyor.
7. The Panchayath committee held on
04.02.2026 again considered the matter and has
decided to request the Taluk surveyor to effect the
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measurement urgently and demarcate the
boundaries of Panchayath puramboke urgently so
that the proposed construction of culvert and
drainage could be included and implemented in the
annual scheme of the Panchayath for the year 2026-
27. It is respectfully submitted that there are no
delay or laches on the part of these respondents in
the matter."
5. From the above, it is clear that the Panchayat
Committee has taken a decision to get the assistance of
Taluk Surveyor for measurement and to demarcate the
boundaries of the Panchayat puramboke and thereafter to
construct the culvert and drainage by including the same in
the annual scheme of the Panchayat for the year 2026-27. If
that be the case, there can be a direction to the Taluk
Surveyor to complete the survey and submit a report before
the Panchayat within a time frame and there can be a
direction to the Panchayat to do the needful based on the
report, within a time frame.
Therefore, this Writ Petition is disposed of in the
following manner:
1. The 8th respondent is directed to do the
needful to complete the measurement, and
submit a report before the 2nd and 3rd
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respondents within a period of six weeks
from the date of receipt of a certified copy of
this judgment
2. Once such a report is received, the 2 nd and
3rd respondents will do the needful as
agreed in paragraph No.7 of the counter
affidavit, as expeditiously as possible, at any
rate, within a period of six months from the
date of receipt of the report.
3. The petitioners will produce a certified copy
of this judgment before the 2nd, 3rd and 8th
respondents for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Judgment reserved NA
Date of judgment 23.02.2026
Judgment dictated 23.02.2026
Draft Judgment Placed 23.02.2026
Final Judgment Uploaded 24.02.2026
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APPENDIX OF WP(C) NO. 31316 OF 2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF SALE DEED OF SRO MUNDOOR
DATED 9/1/2006 IN FAVOUR OF 1ST
PETITIONER
EXHIBIT P2 TRUE COPY OF SALE DEED OF SRO MUNDOOR
DATED 9/1/2006 IN FAVOUR OF 2ND
PETITIONER
EXHIBIT P3 TRUE COPY OF ROUGH SKETCH SHOWING THE
LIE AND NATURE OF THE DRAINAGE BEFORE
AND AFTER ITS CLOSURE
EXHIBIT P4 TRUE COPY OF COMPLAINT DATED
10/4/2018 ALONG WITH ITS RECEIPT
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF REPLY RECEIVED BY THE
1ST PETITIONER UNDER THE RIGHT TO
INFORMATION ACT DATED 2/5/2018
EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED
2/6/2022 MADE BY THE 1ST PETITIONER
TO THE 3RD RESPONDENT
EXHIBIT P7 TRUE COPY OF JUDGMENT DATED
27/10/2023 IN WP(C)NO.23031/2022 OF
THIS HON'BLE COURT
EXHIBIT P8 TRUE COPY OF REPORT SUBMITTED BY THE
7TH RESPONDENT DATED 8/2/2024 ALONG
WITH TYPED COPY
EXHIBIT P9 TRUE COPY OF REPORT SUBMITTED BY THE
6TH RESPONDENT DATED 17/2/2024
EXHIBIT P10 TRUE COPY OF DECISION TAKEN BY 2ND
RESPONDENT IN THE MEETING HELD ON
24/2/2024
EXHIBIT P11 TRUE COPY OF DECISION TAKEN BY 2ND
RESPONDENT IN THE MEETING HELD ON
3/7/2024
EXHIBIT P12 TRUE COPY OF JUDGMENT OF THIS HON'BLE
COURT IN CON.CASE(C)NO.1654/2024
DATED 2/8/2024
