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Kerala High Court
Elsy Abraham vs The District Collector on 7 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.7784 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. 7784 OF 2025
PETITIONER(S):
ELSY ABRAHAM
AGED 69 YEARS, W/O. ABRAHAM, PALAKKUDIYIL HOUSE,
POOVARANI P.O, KOTTAYAM, PIN - 686577
BY ADVS.
SRI.ENOCH DAVID SIMON JOEL
SRI.S.SREEDEV
SRI.RONY JOSE
SHRI.LEO LUKOSE
SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY
SHRI.DERICK MATHAI SAJI
SHRI.KARAN SCARIA ABRAHAM
SHRI.ITTOOP JOY THATTIL
SHRI.BALRAM S.A.
RESPONDENT(S):
1 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE,
KOTTAYAM, PIN - 686002
2 THE EXECUTIVE ENGINEER
PWD (STATE HIGHWAY) KOTTAYAM, PIN - 686001
3 VILLAGE OFFICER
VILLAGE OFFICE, POOVARANY, IDAMATTOM P.O, KOTTAYAM,
PIN - 686578
4 KOTTAYAM DISTRICT PANCHAYAT
KK ROAD, COLLECTORATE, KOTTAYAM REPRESENTED BY ITS
SECRETARY, PIN - 686002
W.P.(C) No.7784 of 2025
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5 MEENACHIL GRAMA PANCHAYAT
MEENACHIL IDAMATTOM P.O, KOTTAYAM REPRESENTED BY ITS
SECRETARY, PIN - 686577
BY ADVS.
SRI.JUSTINE JACOB, SC
GP, SRI. K JANARDHANA SHENOY
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.7784 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.7784 of 2025
------------------------------------------------------
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 or other appropriate writ, order a
direction directing the 4th Respondent not to proceed with the
construction of the open gym in the public property lying in front
of Petitioner's property near the Sacred Heart Church,
Poovarani, abutting the Punalur-Muvattupuzha State Highway.
ii. Issue a writ of mandamus or other appropriate writ, order a
direction directing Respondents 1 to 3 to ensure that no
construction activities by the 4th Respondent are permitted in
the public property lying in front of Petitioner's property near the
Sacred Heart Church, Poovarani, abutting the Punalur-
Muvattupuzha State Highway.
iii. Issue such other appropriate writ order or direction that may
be deemed to be just and equitable in the facts and
circumstances of the case.
iv. Issue such other appropriate order or direction dispensing
with the filing of English translation of the vernacular documents
produced along with the writ petition."
[SIC]
2. When this Writ Petition came up for consideration
on 16.09.2025, the submission of the 4 th respondent was
2026:KER:766
recorded by this Court, which is extracted hereunder:
""The learned counsel for the 4th respondent submits that the
construction of the open gym has been completed and the
same is functioning."
3. The prayer in this writ petition is against the
construction. It is clear from the submission of the 4 th
respondent that the construction is already over. If the
petitioner is aggrieved by the construction, the petitioner is
free to agitate the same separately, in accordance with
law.
With the above observation, this Writ Petition(C) is
disposed of. Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 07.01.2026
Judgment dictated 07.01.2026
Draft Judgment placed 08.01.2026
Final Judgment uploaded 09 .01.2026
2026:KER:766
APPENDIX OF WP(C) NO. 7784 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE INTERIM ORDER DATED 19.11.2020 IN
WP(C) NO. 25489/2020 ON THE FILES OF THIS HON'BLE
COURT.
Exhibit P2 TRUE COPY OF THE ORDER DATED 06.11.2020 BEARING NO.
A2.2048/2020 ISSUED BY THE 5TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE REPORT DATED 13.01.2021 BEARING
NO. 11/2021 SUBMITTED BY THE 3RD RESPONDENT TO THE
TALUK OFFICE.
Exhibit P4 TRUE COPY OF THE REPORT DATED 24.05.2021 BEARING
NO. DCKTM/8518/2020-K1 SUBMITTED BY THE 1ST
RESPONDENT OBTAINED BY THE PETITIONER UNDER THE RTI
ACT.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 04.06.2024 IN WP(C)
NO. 25489/2020 ON THE FILES OF THIS HON'BLE COURT.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 13.08.2024 IN W.A.
NO. 1196/2024 ON THE FILES OF THIS HON'BLE COURT.
Exhibit P7 TRUE COPY OF THE NOTICE DATED 13.01.2025 ISSUED BY
THE 1ST RESPONDENT.
Exhibit P8 TRUE COPY OF THE NEWS COLUMN PUBLISHED IN THE
KOTTAYAM EDITION OF MALAYALA MANORAMA DAILY DATED
24.02.2025.
Exhibit P9 A TRUE COPY OF THE REPORT DATED 21.02.2025 NUMBERED
C1/134/2025-05E-C SUBMITTED BY THE REGIONAL
TRANSPORT OFFICER (ENFORCEMENT) BEFORE THE 1ST
RESPONDENT.
Exhibit P10 A TRUE COPY OF THE ORDER DATED 21.03.2025 NUMBERED
DCKTM/8518/2020-KI ISSUED BY THE 1ST RESPONDENT .
RESPONDENT EXHIBITS
Exhibit
A TRUE COPY OF NOC RECEVIED FROM PWD DEPARTMENT
R4(a)
Exhibit A TRUE COPY OF THE SITE SKETCH,CLEARLY INDICATING
R4(b) THE ACTUAL LOCATION OF THE CONSTRUCTION.
