[Cites 0, Cited by 0]
Kerala High Court
C.K.Harikumar vs The Secretary on 7 January, 2026
WP(C) Nos.24541 of 2022
& 1
13555 of 2024
2026:KER:584
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 7TH DAY OF JANUARY 2026 / 17TH POUSHA, 1947
WP(C) NO.24541 OF 2022
PETITIONER:
C.K.HARIKUMAR, AGED 55 YEARS,
S/O.M.N.BHASKARA KURUP
RESIDING AT KRISHNAVILASAM,
P.O. ELAMAKKARA, KOCHI, PIN - 682026
BY ADVS.
SRI.C.S.MANU
SRI.DILU JOSEPH
SRI.C.A.ANUPAMAN
SHRI.T.B.SIVAPRASAD
SRI.C.Y.VIJAY KUMAR
SMT.MANJU E.R.
SHRI.ANANDHU SATHEESH
SHRI.ALINT JOSEPH
RESPONDENTS:
1 THE SECRETARY, CORPORATION OF KOCHI,ZONAL OFFICE
ANCHUMANA, EDAPPALLY, PIN - 682024
2 SMITHA JAYAN, W/O KARIVELITHARA JAYAN,
M.B.T.C R.R.A 130, DEVI NIVAS, KALLIYATH LANE,
B.T.S MAMANGALAM CROSS ROAD, EDAPPALLY POST,
COCHIN, PIN - 682024
WP(C) Nos.24541 of 2022
& 2
13555 of 2024
2026:KER:584
3 P.S PRASANTH KUMAR
S/O SURENDRAN, M.B.T.C R.R.A 130, DEVI NIVAS,
KALLIYATH LANE, B.T.S MAMANGALAM CROSS ROAD,
EDAPPALLY POST, COCHIN, PIN - 682024
BY ADVS.
SHRI.D.G.VIPIN
SHRI.K.MADHUSOODANAN
SHRI.T.G.PAUL
SRI.MATHEW JACOB (KUNNATHU)
SHRI.SYRIAC JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.01.2026, ALONG WITH WP(C) NO.13555/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.24541 of 2022
& 3
13555 of 2024
2026:KER:584
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 7TH DAY OF JANUARY 2026 / 17TH POUSHA, 1947
WP(C) NO. 13555 OF 2024
PETITIONER:
C.K.HARIKUMAR, AGED 57 YEARS
S/O. M.N.BHASKARA KURUP,
RESIDING AT KRISHNAVILASAM,
P.O. ELAMAKKARA, KOCHI, PIN - 682026
BY ADVS.
SRI.C.S.MANU
SRI.DILU JOSEPH
SRI.C.A.ANUPAMAN
SHRI.T.B.SIVAPRASAD
SRI.C.Y.VIJAY KUMAR
SMT.MANJU E.R.
SHRI.ANANDHU SATHEESH
SHRI.ALINT JOSEPH
SRI.PAUL JOSE
SMT.DAINY DAVIS
RESPONDENTS:
1 THE SECRETARY,
CORPORATION OF KOCHI,ZONAL OFFICE,
ANCHUMANA, EDAPPALLY, PIN - 682024
WP(C) Nos.24541 of 2022
& 4
13555 of 2024
2026:KER:584
2 SMITHA JAYAN,
W/O KARIVELITHARA JAYAN, M.B.T.C R.R.A 130,
DEVI NIVAS, KALLIYATH LANE,
B.T.S MAMANGALAM CROSS ROAD, EDAPPALLY POST,
COCHIN, PIN - 682024
3 P.S. PRASANTH KUMAR,
S/O SURENDRAN, M.B.T.C R.R.A 130, DEVI NIVAS,
KALLIYATH LANE, B.T.S MAMANGALAM CROSS ROAD,
EDAPPALLY POST, COCHIN, PIN - 682024
BY ADV SRI.R.HARISHANKAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.01.2026, ALONG WITH WP(C) NO.24541/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.24541 of 2022
& 5
13555 of 2024
2026:KER:584
VIJU ABRAHAM, J.
---------------------------------------------------------------
WP(C) Nos.24541 of 2022 & 13555 of 2024
---------------------------------------------------------------
Dated this the 7th day of January, 2026
JUDGMENT
WP(C) No.24541 of 2022 has been filed seeking a direction to the
respondent-Corporation to take appropriate action on Ext.P2 application
submitted by the petitioner, wherein a complaint is raised regarding the illegal
construction of a staircase by respondents 2 and 3. Whereas WP(C)
No.13555 of 2024 has been filed seeking a direction to the respondent-
Corporation to remove the unauthorised construction made by respondents 2
and 3.
2. The learned Counsel for the respondent-Corporation submits
that an appropriate decision will be taken on Ext.P2 request submitted by the
petitioner within a time limit as may be fixed by this Court, with notice to the
petitioner and respondents 2 and 3.
3. The learned Counsel for respondents 2 and 3 submits that there
is no unauthorised construction and that the staircase was already in
existence and respondents 2 and 3 had carried out only a maintenance work
13555 of 2024
2026:KER:584
to the same.
4. I am of the view that this Court need not go into the rival
contentions of both sides, since all these aspects have to be considered by
the respondent-Corporation, for which Ext.P2 complaint is pending
consideration.
Accordingly, this writ petition is disposed of with a direction to the
1st respondent to take up Ext.P2 request in WP(C) No.24541 of 2022
submitted by the petitioner and take appropriate decision in accordance with
law with notice to the petitioner and respondents 2 and 3 and to finalise the
proceedings without any delay, within an outer limit of three months from the
date of receipt of a certified copy of this judgment.
Sd/-
VIJU ABRAHAM
JUDGE
sp/07/01/2026
13555 of 2024
2026:KER:584
APPENDIX OF WP(C) NO. 24541 OF 2022
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE SALE DEED REGISTERED AS
DOCUMENT NO.45 OF 2013 OF SRO, EDAPPALLY
Exhibit P-2 TRUE COPY OF THE REPRESENTATION DATED 25-
7-2022 SUBMITTED BY THE PETITIONER TO THE
1ST RESPONDENT
Exhibit P-2(a) TRUE COPY OF THE RECEIPT BEARING
REF.NO.CY E1/007551/22 DATED 26-7-2022
ISSUED BY THE 1ST RESPONDENT FOR HAVING
RECEIVED EXT.P-2
RESPONDENT EXHIBITS
Exhibit R3 a PHOTOGRAPH OF THE STAIR CASE
Exhibit R3 B PHOTOGRAPH OF THE STAIR CASE
Exhibit R3 C PHOTOGRAPH OF THE STAIR CASE
13555 of 2024
2026:KER:584
APPENDIX OF WP(C) NO. 13555 OF 2024
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE SALE DEED REGISTERED
AS DOCUMENT NO.45 OF 2013 OF SRO,
EDAPPALLY
Exhibit P-2 TRUE COPY OF THE REPRESENTATION DATED 25-
7-2022 SUBMITTED BY THE PETITIONER TO THE
1ST RESPONDENT
Exhibit P-2(a) A TRUE COPY OF THE RECEIPT BEARING
REF.NO.CY E1/007551/22 DATED 26-7-2022
ISSUED BY THE 1ST RESPONDENT FOR HAVING
RECEIVED EXT.P-2
Exhibit P-3 TRUE COPY OF THE INTERIM ORDER DATE 29-7-
2022 PASSED BY THIS HON'BLE COURT IN WRIT
PETITION NO.24541 OF 2022
Exhibit P-4 TRUE COPY OF THE ORDER BEARING
NO.EYP3/7551/2022 DATED 20-12-2022 ISSUED
BY THE ASSISTANT EXECUTIVE ENGINEER,
EDAPPALLY ZONE, CORPORATION OF KOCHI
Exhibit P-5 TRUE COPY OF THE JUDGMENT DATED 2-2-2024
IN CONTEMPT CASE (C) NO.1517 OF 2022
Exhibit P-6 TRUE COPY OF THE REPRESENTATION DATED 20-
3-2024 SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT
Exhibit P6-a TRUE COPY OF THE RECEIPT FOR HAVING
RECEIVED EXT. P-6
