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Kerala High Court
Leelamma George vs Teekoy Grama Panchayat on 5 January, 2026
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) Nos.43976 & 45255 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 5TH DAY OF JANUARY 2026 / 15TH POUSHA, 1947
WP(C) NO. 43976 OF 2024
PETITIONER/S:
1 JINTO GEORGE,
AGED 38 YEARS
S/O K.V.JOY, RESIDING AT KANDATHIL HOUSE
TEEKOY PO, KOTTAYAM, PIN - 686580
2 K.V. JOY,
AGED 65 YEARS
S/O VARKEY, RESIDING AT KANDATHIL HOUSE,
TEEKOY PO, KOTTAYAM, PIN - 686580
BY ADVS. SMT.M.U.VIJAYALAKSHMI
SRI.K.JAJU BABU (SR.)
SRI.BRIJESH MOHAN
RESPONDENT/S:
1 TEEKOY GRAMA PANCHAYATH,
TEEKOY PO, KOTTAYAM,REPRESENTED BY ITS SECRETARY,
PIN - 686580
2 THE SECRETARY,
TEEKOY GRAMA PANCHAYATH, TEEKOY PO,
KOTTAYAM, PIN - 686580
3 SRI.GEORGEKUTTY JOSE,
RESIDING AT KADAPLAKKAL HOUSE, TEEKOY PO,
KOTTAYAM, PIN - 686580
4 LEELAMMA GEORGEKUTTY,
W/O. GEORGEKUTTY, RESIDING AT KADAPLAKKAL HOUSE,
TEEKOY PO, KOTTAYAM, PIN - 686580
WP(C) Nos.43976 & 45255 OF 2024
2
BY ADVS.
SHRI.THOMASKUTTY M.A., SC, TEEKOY GRAMA PANCHAYAT
SHRI.V.N.HARIDAS
SHRI.SAIFUDDEEN
SMT.B.SHAMEERA
SMT.NIMISHAMOL SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.01.2026, ALONG WITH WP(C).45255/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.43976 & 45255 OF 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 5TH DAY OF JANUARY 2026 / 15TH POUSHA, 1947
WP(C) NO. 45255 OF 2024
PETITIONER/S:
LEELAMMA GEORGE,
AGED 69 YEARS
W/O. GEORGEKUTTY JOSE, KADAPLACKAL HOUSE,
TEEKOY P.O., KOTTAYAM DISTRICT, PIN - 686580
BY ADVS.
SHRI.V.N.HARIDAS
SHRI.SAIFUDEEN T.S
SMT.B.SHAMEERA
SMT.NIMISHAMOL SASIDHARAN
RESPONDENT/S:
1 TEEKOY GRAMA PANCHAYAT,
TEEKOY, REPRESENTED BY ITS SECRETARY, KOTTAYAM
DISTRICT, PIN - 686580
2 THE SECRETARY,
TEEKOY GRAMA PANCHAYAT, TEEKOY, KOTAYAM DISTRICT,
PIN - 686580
ADDL.R3 JINTO GEORGE
S/O.K.V.JOY, RESIDING AT KANDATHIL HOUSE,
TEEKOY.P.O, KOTTAYAM-686580
ADDL.R4 K.V.JOY,
S/O.VARKEY, RESIDING AT KANDATHIL HOUSE,
TEEKOY.P.O, KOTTAYAM-686580
ADDL.RESPONDENTS 3 AND 4 ARE IMPLEADED AS PER
ORDER DATED 05.01.2026 IN IA NO.4/2025
WP(C) Nos.43976 & 45255 OF 2024
4
BY ADVS.
SHRI.THOMASKUTTY M.A., SC, TEEKOY GRAMA PANCHAYAT
SMT.M.U.VIJAYALAKSHMI
SRI.K.JAJU BABU (SR.)
SRI.BRIJESH MOHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.01.2026, ALONG WITH WP(C).43976/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.43976 & 45255 OF 2024
5
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).Nos.43976 & 45255 of 2024
----------------------------------------------
Dated this the 05th day of January, 2026
JUDGMENT
These writ petitions are connected and therefore, I am
disposing these writ petitions by a common judgment.
2. I will narrate the facts in WP(C) No.43976/2024
first. According to the petitioners, there is illegal construction
by respondents 3 and 4. The 1 st petitioner submitted Ext.P6
before the 2nd respondent. There is no action on it is the
grievance.
3. WP(C) No.45255/2024 is filed with following
prayers:
i. issue a writ of certiorari or any other writ or order
quashing Ext.P6;
ii. issue a writ of mandamus or any other appropriate
writ or order directing the respondents to issue
occupancy/ completion certificate to the building
constructed by the petitioner in terms of Exts.P4
and P5;
iii. grant the Petitioner such other reliefs that this
WP(C) Nos.43976 & 45255 OF 2024
Hon'ble Court may deem fit and proper to grant;
iv. Exempt the petitioner from production of English
translation of the exhibits in Malayalam;
v. award the Petitioner the costs of this Writ Petition.
(SIC)
2. When WP(C) No.45255/2024 came up for
consideration on 03.12.2025, this Court passed the following
order:
"After hearing both sides, I think a prima facie
case is made out by the petitioner.
Therefore, there will be a direction to the
respondents to issue occupancy certificate and
building number to the building constructed by the
petitioner based on Exhibit P2, subject to the result
of this Writ Petition.
Post on 09.01.2026."
3. As I mentioned earlier, the grievance of the
petitioners in WP(C) No.43976/2024 is that there is illegal
construction by respondents 3 and 4 in that writ petition. The
4th respondent in WP(C) No.43976/2024 filed WP(C)
No.45255/2024 stating that she constructed the building in
accordance with the permit and the building is not numbered.
I am of the considered opinion that these writ petitions need
WP(C) Nos.43976 & 45255 OF 2024
not be retained here. The grievance raised by the petitioners
in WP(C) No.43976/2024 is to be considered by the
Panchayat first and thereafter the Panchayat can do the
needful in accordance with law, after hearing all the parties.
Therefore, these Writ Petitions are disposed of in the
following manner:
1. Ext.P6 in WP(C) No.43976/2024 shall be
considered by the 2nd respondent in that writ
petition, after giving sufficient opportunity of
hearing to the petitioners and respondents 3
and 4 in that writ petition, as expeditiously as
possible, at any rate, within a period of six
weeks from the date of receipt of a copy of this
judgment.
2. Further proceedings based on the order dated
03.12.2025 in WP(C) No.45255/2024 will be
subject to the final decision to be taken by the
Panchayat in Ext.P6 produced in WP(C)
No.43976/2024.
3. Status quo as on today shall be continued in
WP(C) Nos.43976 & 45255 OF 2024
WP(C) No.45255/2024 till the consideration of
Ext.P6 in WP(C) No.43976/2024.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
Judgment reserved NA
Date of Judgment 05.01.2026
Judgment dictated 05.01.2026
Draft Judgment placed 06.01.2026
Final Judgment 06.01.2026
uploaded
WP(C) Nos.43976 & 45255 OF 2024
APPENDIX OF WP(C) NO. 43976 OF 2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BUILDING PERMIT NO.A2-
BA(250674)/2023 DATED 21.07.2023 ISSUED
BY THE 1ST RESPONDENT
Exhibit P1(a) TRUE COPY OF THE PLAN SUBMITTED AS PER
KERALA PANCHAYATH BUILDING RULES 2019
Exhibit P2 TRUE COPY OF THE LETTER
NO.400498/BABC06/GRAMA PANCHAYATH
OFFICE/2024/1207(4) DATED 27.06.2024
OBTAINED BY THE PETITIONER UNDER RIGHT
TO INFORMATION ACT
Exhibit P3 TRUE COPY OF THE LETTER
NO.400498/BABC06/GRAMA PANCHAYATH
OFFICE/2024/1207(5) DATED 05.07.2024
OBTAINED BY THE PETITIONERS UNDER RIGHT
TO INFORMATION ACT
Exhibit P4 TRUE COPY OF THE LETTER
NO.400498/BABC06/GRAMA PANCHAYATH
OFFICE/2024/1207(2) DATED 26.06.2024
OBTAINED BY THE PETITIONERS UNDER RIGHT
TO INFORMATION ACT
Exhibit P5 TRUE COPY OF THE PARTIAL COMPLETION PLAN
SUBMITTED FOR OBTAINING THE COMPLETION
CERTIFICATE
Exhibit P6 TRUE COPY OF THE COMPLAINT DATED
27.09.2024 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 1ST RESPONDENT
WITH ACKNOWLEDGEMENT DATED 07.10.2024
WP(C) Nos.43976 & 45255 OF 2024
APPENDIX OF WP(C) NO. 45255 OF 2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FOR BUILDING
PERMIT MADE BEFORE THE TEEKOY GRAMA
PANCHAYAT, DATED 10-05-2023
Exhibit P2 TRUE COPY OF THE SITE APPROVAL AND BUILDING
PERMIT ISSUED BY THE TEEKOY GRAMA
PANCHAYAT, DATED 21-07-2023
Exhibit P3 TRUE COPY OF THE APPROVED PLAN ISSUED BY
THE TEEKOY GRAMA PANCHAYAT, DATED 21-07-
Exhibit P4 TRUE COPY OF THE APPLICATION FOR
REGULARIZATION FILED BEFORE THE TEEKOY
GRAMA PANCHAYAT, DATED 18-11-2024.
Exhibit P5 TRUE COPY OF THE REGULARIZATION PLAN
SUBMITTED ALONG WITH EXT.P4
Exhibit P6 TRUE COPY OF THE LETTER ISSUED BY THE
TEEKOY GRAMA PANCHAYAT, DATED 5-12-2024
Exhibit P7 TRUE COPY OF THE SECTION 4(1) NOTIFICATION
UNDER THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013,
DATED 13-06-2023
RESPONDENT EXHIBITS
Exhibit R1(A) A true copy of the rectification letter
dated 26.6.2024 issued by the petitioner.
PETITIONER EXHIBITS
Exhibit P8 A TRUE COPY OF THE FRESH NOTICE ISSUED BY
THE RESPONDENT PANCHAYAT, AFTER CURING THE
OTHER DEFECTS, DATED 26.09.2025
RESPONDENT EXHIBITS
Exhibit R3(a) TRUE COPY OF THE REPORT OF THE ASSISTANT
ENGINEER, LID & EW SECTION, TEEKOY GRAMA
PANCHAYATH RECEIVED UNDER THE RIGHT TO
INFORMATION ACT.
