Citation : 2026 Latest Caselaw 2028 Ker
Judgement Date : 24 February, 2026
2026:KER:16377
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 24TH DAY OF FEBRUARY 2026 / 5TH PHALGUNA, 1947
WP(C) NO.7210 OF 2026
PETITIONER:
FR. JOY KOOTHUR
AGED 50 YEARS, S/O. THOMAS,
VICAR, ST. MARY'S PARISH CHURCH,
ELTHURUTH, THRISSUR DISTRICT,
PIN - 680611
BY ADV SRI.ABRAHAM THOMAS (PUTHURAN)
RESPONDENTS:
1 THRISSUR MUNICIPAL CORPORATION
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE ROAD, KURUPPAM,
THEKKINKADU MAIDAN, THRISSUR DISTRICT,
PIN - 680001
2 THE SECRETARY
THRISSUR MUNICIPAL CORPORATION,
MUNICIPAL OFFICE ROAD, KURUPPAM,
THEKKINKADU MAIDAN, THRISSUR DISTRICT,
PIN - 680001
3 THE COUNCIL OF THRISSUR MUNICIPAL CORPORATION
REPRESENTED BY ITS MAYOR, MUNICIPAL OFFICE ROAD,
KURUPPAM, THEKKINKADU MAIDAN, THRISSUR DISTRICT,
PIN - 680001
BY ADV
SHRI.SANTHOSH P.PODUVAL, SC
SMT. DEEPA V, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:16377
WP(C) NO.7210 OF 2026
2
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(C.) No.7210 of 2026
-----------------------------------------------
Dated this the 24th day of February, 2026
JUDGMENT
This writ petition is filed seeking the following reliefs:
" i) To issue a writ of mandamus or any other appropriate
writ, order or direction commanding the respondent
Municipal Corporation to consider and pass appropriate
orders on the petitioner's application for building permit
bearing File No. 6469527-2025 dated 6/12/2025 (Ext. P5),
within a time frame to be fixed by this Hon'ble Court;
ii) To declare that the petitioner, being the Vicar of St.
Mary's Church, Elthuruth under the Archdiocese of
Thrissur, having complied with all statutory requirements
including obtaining NOC from the Fire and Rescue Services
Department and Consent to Establish from the Kerala State
Pollution Control Board, is entitled to have his application
for building permit considered strictly in accordance with
law and also in the light of Rule 15 (6) of the KPBR, 2019;
iii) To issue a declaration that the petitioner is liable to be 2026:KER:16377 WP(C) NO.7210 OF 2026
issued building permit since the same is deemed permit as
per Rule 15(6) of the KPBR, 2019.
iv) Grant such other reliefs as this Hon'ble Court may deem
just and proper in the interest of justice, including costs.
v) To dispense the above writ petition with English
translation of the Malayalam documents."
2. The main prayer in this writ petition is to consider
and pass appropriate orders in petitioner's application for
building permit Ext. P5, as evident by Ext. P4 receipts.
3. Heard the learned counsel for the petitioner and the
Standing Counsel appearing for the respondents.
4. After hearing both sides, there can be a direction to
consider Ext. P5 within a short time.
Therefore, this writ petition is disposed of with the
following directions:
i) The competent authority of respondents will
consider Ext. P5 and pass appropriate orders in it, as
expeditiously as possible, at any rate, within a period
of 30 days from the date of receipt of a copy of this
judgment.
2026:KER:16377 WP(C) NO.7210 OF 2026
ii) The petitioner will produce a certified copy of this
judgment before the competent authority of
respondents who will do the needful.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
hks
Judgment reserved N/A
Date of Judgment 24.02.2026
Judgment dictated 24.02.2026
Draft judgment placed 24.02.2026 Final Judgment uploaded 25.02.2026 2026:KER:16377 WP(C) NO.7210 OF 2026
APPENDIX OF WP(C) NO.7210 OF 2026
PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ORDER BEARING NO. 802/2024 DATED 30/3/2024 ISSUED BY THE ARCHBISHOP OF TRICHUR EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 5/8/2025 ISSUED BY THE VILLAGE OFFICER, ARUNATTUKKARA VILLAGE EXHIBIT P3 A TRUE COPY OF THE TAX RECEIPT DATED 2/8/2025 EVIDENCING THE PAYMENT FOR THE FINANCIAL YEAR 2025-26 EXHIBIT P4 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE THRISSUR MUNICIPAL CORPORATION DATED 6/12/2025 EVIDENCING THE SUBMISSION OF THE APPLICATION BY THE PETITIONER EXHIBIT P5 A TRUE COPY OF THE APPLICATION BEARING FILE NO.
6469527-2025 IN THE PRESCRIBED PERFORMA IN APPENDIX - A1 FORM DOWNLOADED FROM THE WEBSITE OF THE MUNICIPAL CORPORATION ON 4/2/2026 EXHIBIT P6 A TRUE COPY OF THE NO OBJECTION CERTIFICATE (FOR BUILDING PERMIT) BEARING NO.
FRS/08/TSR/35063/2025/SITE DATED 25/10/2025 ISSUED BY THE DEPARTMENT OF FIRE AND RESCUE SERVICES, GOVERNMENT OF KERALA ALONG WITH APPROVED PLAN EXHIBIT P7 A TRUE COPY OF THE CONSENT TO ESTABLISH BEARING CONSENT NO. KSPCB/TS/ICE/10121161/2025 DATED 28/11/2025 WHICH IS VALID UPTO 28/11/2030 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD EXHIBIT P8 A TRUE COPY OF THE LETTER BEARING NO.
AYI/PW/6469527/2025 DATED 10/12/2025 ISSUED BY THE RESPONDENTS TO THE PETITIONER EXHIBIT P9 A TRUE COPY OF THE APPLICATION DATED 4/2/2026 THUS SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT MUNICIPAL CORPORATION EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 20/3/2025 PASSED BY THE OMBUDSMAN, LSGD, THIRUVANANTHAPURAM IN
EXHIBIT P11 A TRUE COPY OF THE ORDER DATED 19/12/2025 PASSED BY THIS HON'BLE COURT IN W.P.(C). NO. 47994/2025
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