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Kerala High Court
Manoharan vs Kadavalloor Grama Panchayath on 7 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:768
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. 18873 OF 2025
PETITIONER/S:
MANOHARAN
AGED 63 YEARS
S/O.KOMAN, PALLIKKAPARAMBIL HOUSE,
PERUMBILAVU VILLAGE, P.O.PERUMBILAVU,
THRISSUR DISTRICT,
PIN - 680519
BY ADVS.
SRI.LINDONS C.DAVIS
SMT.E.U.DHANYA
SMT.CHINJU P. JOYIES
SMT.SANJANA S ANAND
SHRI.VINAYAK MANOHARAN P.
SRI.T.K.BABU
RESPONDENT/S:
1 KADAVALLOOR GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,
KARIKKAD, KARIKKAD.P.O, THRISSUR DISTRICT,
PIN - 680519
2 SECRETARY,
KADAVALLOOR GRAMA PANCHAYATH,
KARIKKAD, KARIKKAD.P.O,
THRISSUR DISTRICT,
PIN - 680519
3 STATION HOUSE OFFICER,
KUNNAMKULAM POLICE STATION, KUNNAMKULAM,
THRISSUR, PIN - 680503
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WP(C) NO.18873 OF 2025
2
4 REMANI,
AGED 66 YEARS
D/O.VELU, PALLIKKAPARAMBIL HOUSE,
PERUMBILAVU.P.O, PERUMBILAVU VILLAGE, THRISSUR
DISTRICT,
PIN - 680519
BY ADVS.
SHRI.DEEPU THANKAN
SRI.K.S.BHARATHAN
SMT.UMMUL FIDA
SMT.LAKSHMI SREEDHAR
SMT.CINDIA S.
SMT.GAYATHRI G.
SRI.ALPHIN ANTONY
SRI.AADITHYAN S.MANNALI
JISHNU P.P.
SMT.RADHIKAKRISHNA
GP SMT NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO.18873 OF 2025
3
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.18873 of 2025
-------------------------------
Dated this the 07th day of January, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
" i) To issue a Writ of mandamus or any other
appropriate writ or order or direction directing the
2nd respondent to ensure that the 4 th respondent
shall not continue the construction of the building
or execution of the work in disobedience of
Exhibit.P4 and in violation of building Rules, by
taking necessary assistance from the 3rd
respondent;
ii) To issue a Writ of mandamus or any other
appropriate writ or order or direction directing the
2nd respondent to remove the construction of the
building or execution of the work in violation of
Exhibit.P4 by taking necessary assistance from the
3rd respondent;
iii) To issue a Writ of mandamus or any other
appropriate writ or order or direction directing the
2nd respondent to take necessary action on
Exhibit.P5 complaint within a time frame fixed by
this Honourable Court."
[SIC]
2. The main prayer in this writ petition is to issue a
direction to the 2nd respondent to ensure that the 4th respondent is
not continuing with the construction of the building or execution of
work in disobedience of Ext.P4 stop-memo. This Court directed the
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WP(C) NO.18873 OF 2025
Panchayat to file a statement. A statement is filed by the
respondents 1 and 2. It will be better to extract paragraphs Nos.4
to 6:
" 4. However, on 10/10/2024, the petitioner herein
had filed a complaint alleging that the construction
being carried out in violation of permit issued by
the panchayat. Thereby, the Engineer, LSGD
conducted a site inspection and submitted a
report. Based on the report, a notice was issued to
the 4th respondent on 25/11/2024, stating that the
construction work can only be continued at the
said place after obtaining a revised permit as per
the plan that has been clarified regarding the
boundary of both the parties and as per the plan.
The said notice was affixed on the site as the 4 th
respondent failed to accept the same. Thus, the
panchayat has stopped the construction carried
out by the 4th respondent as Engineer, LSGD found
discrepancies in construction and the same is in
violation of the approved building permit. In
Exhibit.P4, a direction was issued to the 4 th
respondent to submit a reply otherwise necessary
proceedings under Section 235W of the Kerala
Panchayat Raj Act will be initiated.
5. It is true that, the panchayat is also aware of
the litigation between the petitioner and the 4 th
respondent before the Munsiff Court, Chavakkad
as well as the District Court, Thrissur.
6. Subsequently, on the basis of another complaint
of the petitioner dated 13/05/2025, the engineer,
LSGD again inspected the site and reported that
the construction carried out by the 4th respondent
was not in accordance with the plan. Thereby, on
08/07/2025, the secretary himself inspected the
site and found that the old disputed wall that
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WP(C) NO.18873 OF 2025
existed at the site and which was mentioned in the
Munsiff's Court's order is no longer in existence. It
is also submitted that no construction activities
are currently underway at the site and it's been
observed that the 4th respondent had partially
constructed the floor."
3. In the light of the same, it is clear that the Panchayat is
taking action. If there is any violation from the side of the 4 th
respondent, the petitioner can bring it to the notice of the
Panchayat, and the Panchayat authorities will inspect the premises
with notice to the petitioner and the 4 th respondent. If there is any
violation, the Panchayat will take appropriate action in accordance
with the law.
With the above observations, this writ petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
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
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WP(C) NO.18873 OF 2025
APPENDIX OF WP(C) NO. 18873 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PLAINT AS
O.S.NO.230/2024 FILED BY THE 4TH
RESPONDENT BEFORE THE MUNSIFF COURT,
CHAVAKKAD
Exhibit P2 A TRUE COPY OF THE PLAINT AS
O.S.NO.315/2024 FILED BY THE PETITIONER
BEFORE THE MUNSIFF COURT, CHAVAKKAD
Exhibit P3 A COPY OF THE INTERIM ORDER DATED
22/11/2024 IN I.A.NO.1/2024 IN
C.M.A.NO.80/2024 IN THE COURT OF THE
IVTH ADDITIONAL DISTRICT COURT, THRISSUR
Exhibit P4 A COPY OF THE LETTER
NO.400671/GGDC08/GPO/2024/7976/(1) DATED
25.11.2024 ISSUED BY THE 2ND RESPONDENT
Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED
15.05.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P6 A COPY OF THE ACKNOWLEDGMENT TOWARDS THE
COMPLAINT REGARDING UNAUTHORISED
CONSTRUCTION DATED 15.05.2025 ISSUED
FROM THE OFFICE OF THE 2ND RESPONDENT
RESPONDENT EXHIBITS
Exhibit R4(a) A true copy of the reply submitted by
the 4th respondent dated 02.12.2024
