Citation : 2026 Latest Caselaw 105 Ker
Judgement Date : 7 January, 2026
W.P.(C) No.12617 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 7TH DAY OF JANUARY 2026 / 17TH POUSHA, 1947
WP(C) NO. 12617 OF 2025
PETITIONER(S):
YOHANNAN @ JOHN K.P.,
AGED 73 YEARS, S/O. PAULOSE,IYKKARAPARAMBIL,
ERAVIMANGALAM P.O, KURUPPUMTHARA, KOTTAYAM,
PIN - 686613
BY ADVS.
SRI.M.NARENDRA KUMAR
SRI.K.C.HARISH
SMT.HARSHADEV M.
SMT.ARCHANA SURESH
RESPONDENT(S):
1 MANJOOR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, MANJOOR
P.O,KURUPPUMTHARA, KOTTAYAM, PIN - 686603
2 THE SECRETARY,
MANJOOR GRAMA PANCHAYATH, MANJOOR
P.O,KURUPPUMTHARA,KOTTAYAM, PIN - 686603
3 THOMAS CHACKO,
VAZHAKUZHIYIL, ERAVIMANGALAM P.O MANJOOR,
KURUPPUMTHARA, KOTTAYAM, PIN - 686613
4 LISSI CHACKO,
W/O. THOMAS CHACKO, VAZHAKUZHIYIL, ERAVIMANGALAM
P.O., MANJOOR, KURUPPUMTHARA,KOTTAYAM, PIN - 686613
5 JOSEPH K.V.,
KAIPALLIMALIL, ERAVIMANGALAM P.O., MANJOOR,
KURUPPUMTHARA,KOTTAYAM, PIN - 686613
W.P.(C) No.12617 of 2025
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6 ELIYAMMA JOSEPH,
ARAYATHPARAMBIL, KAIPALLIMALIL ERAVIMANGALAM
P.O,MANJOOR KURUPPUMTHARA,KOTTAYAM, PIN - 686613
BY ADVS.
GP, SMT. NIMA JACOB.
SRI.JUSTINE JACOB, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.12617 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.12617 of 2025
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Dated this the 07th day of January, 2026
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"i. Issue a writ of mandamus, directing the first and second respondent to act upon Exhibit-P5 as expeditiously as possible but not later than two weeks.
ii. to dispense with the filing of the translations of documents in vernacular language.
iii. Issue such other writ, order or direction as if deemed fit and proper by this Honourable Court in the facts and circumstances of the case."
[SIC]
2. When this writ petition came up for consideration
on 27.03.2025, this Court passed the following order:
"Considering the facts and circumstances of the case and
also taking note of Ext.P5, I am of the view that an interim
order can be passed. Accordingly, it is ordered that, the 2 nd
respondent shall take further steps pursuant to Ext.P5, after
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issuing notice to the respondents 3 to 6. Necessary steps
shall be taken within a period of one month. Post on
30.05.2025."
3. The grievance of the petitioner is that the trees
standing in the property of the party respondents are
leaning towards the petitioner's property and creating
problems. The Panchayath already initiated steps by
issuing Ext.P5 notice to the 3 rd respondent. Further
proceedings is not taken by the Panchayath is the
grievance of the petitioner. Hence, this Writ Petition is
filed.
4. Heard the learned counsel appearing for the
petitioner, the Standing Counsel for the Panchayath and
also the learned Government Pleader.
5. The Standing Counsel appearing for the
Panchayath takes me through Ext.R2(a) and submitted that
consequential steps are being taken by the Panchayath. If
that be the case, this Writ Petition need not be retained
here. There can be a direction to the Panchayath to
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conclude the proceedings initiated as per Ext.P5 and
Ext.R2(a) within a time frame.
Therefore, this Writ Petition is disposed of with the
following directions:
1. The 2nd respondent is directed to conclude
the proceedings initiated as per Ext.P5 and
Ext.R2(a), after giving an opportunity of
hearing to the petitioner and respondent
Nos.3 to 6, as expeditiously as possible, at
any rate, within a period of two months
from the date of receipt of a certified copy
of this judgment.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 07.01.2026
Judgment dictated 07.01.2026
Draft Judgment placed 07.01.2026
Final Judgment uploaded 08.01.2026
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APPENDIX OF WP(C) NO. 12617 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF TITLE DEED NO. 1108/07 DATED 20.04.2007 OF KADUTHURUTHY SRO Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT UNDER THANDAPER NO. 4893 FOR THE YEAR 2024- 2025 BY THE PETITIONER DATED 12.08.2024 Exhibit P3 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE FIRST RESPONDENT FOR 2024-2025 DATED 12.08.2024 Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, DATED 11.09.2024 Exhibit P5 TRUE COPY OF NOTICE NO.
400470/PSDT02/GPO/2024/4613/ (3), ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 30.09.2024 Exhibit P6 TRUE COPY OF THE COMPLAINT LETTER SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 03.02.2025 RESPONDENT EXHIBITS
Exhibit R2(A) THE TRUE COPY OF THE NOTICE DATED 19.08.2025
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