Ganesan S vs The Palakkad Municipality
2026 Latest Caselaw 163 Ker

Citation : 2026 Latest Caselaw 163 Ker
Judgement Date : 8 January, 2026

[Cites 0, Cited by 0]

Kerala High Court

Ganesan S vs The Palakkad Municipality on 8 January, 2026

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                                        2026:KER:986
WP(C) NO. 45858 OF 2025

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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

 THURSDAY, THE 8TH DAY OF JANUARY 2026 / 18TH POUSHA, 1947

                    WP(C) NO. 45858 OF 2025

PETITIONER/S:
          GANESAN S
          AGED 50 YEARS
          S/O.U. SUBRAMANIAN, SREELAKSHMI NIVAS,
          KANJAMACHETTY STREET, KOPPAM, PALAKKAD,
          PALAKKAD DISTRICT, PIN - 678001

            BY ADVS. SRI.BABU S. NAIR
            SMT.SMITHA BABU


RESPONDENT/S:
    1     THE PALAKKAD MUNICIPALITY
          REPRESENTED BY ITS SECRETARY, PALAKKAD - 678001

    2       THE TALUK SURVEYOR
            TALUK OFFICE, PALAKKAD,PALAKKAD DISTRICT - 678001

    3       THE VILLAGE OFFICER
            PALAKKAD-II VILLAGE, PALAKKAD - 678001

    4       THE CIRCLE INSPECTOR OF POLICE
            PALAKKAD TOWN NORTH POLICE STATION, PALAKKAD, PIN
            - 678001

            GP SMT. DEEPA V. SC SRI. BINOY VASUDEVAN


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   08.01.2026,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                         2026:KER:986
WP(C) NO. 45858 OF 2025

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                   P.V. KUNHIKRISHNAN, J.
                    --------------------------------
                  W.P.(C.).No.45858 of 2025
             ----------------------------------------------
           Dated this the 08th day of January, 2026


                             JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to permit the petitioner to construct a compound wall to his properties as per Exhibit P7 building permit, on Exhibit P6 plan submitted by the petitioner forthwith;

ii. Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the first respondent to consider the application for building permit submitted by the petitioner as evidenced by Exhibit P11 receipt, forthwith, without any further delay;

iii. Dispense with the filing of English translation of Vernacular documents;

iv) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(SIC)

2. The main prayer in this writ petition is to afford 2026:KER:986 WP(C) NO. 45858 OF 2025

adequate protection to construct a compound wall to the

property of the petitioner, in accordance with Ext.P7 building

permit and on Ext.P6 plan.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader. I also heard the learned Standing

Counsel for the Municipality.

4. The counsel for the petitioner submitted that there is

obstruction from the Municipality for constructing the wall. The

Standing Counsel submitted that there is no such obstruction

from the side of the Municipality and if the petitioner is

constructing in accordance with the building permit, there may

not be any objection from any side. If that is the case, this writ

petition need not be retained here. The counsel for the

petitioner also submitted that there may be a direction consider

the application for building permit, as evident by Ext.P9.

Therefore, this Writ Petition is disposed of in the following

manner:

1. The petitioner is free to construct the

compound wall strictly in accordance to Ext.P7

permit.

2026:KER:986 WP(C) NO. 45858 OF 2025

2. If there is any obstruction in constructing the

compound wall strictly in accordance with

Ext.P7 permit, the 4th respondent will afford

adequate protection in accordance with law.

3. The competent authority of the 1st respondent

will consider the application for building permit

submitted by the petitioner, as evident by Ext.P9

receipt, as expeditiously as possible, at any rate,

within a period of sixty days from the date of

receipt of a certified copy of this judgment.

Sd/-

                                                P.V.KUNHIKRISHNAN
                                                      JUDGE
JV

Judgment reserved           NA
Date of Judgment        08.01.2026
Judgment dictated       08.01.2026

Draft Judgment placed 09.01.2026 Final Judgment 09.01.2026 uploaded 2026:KER:986 WP(C) NO. 45858 OF 2025

APPENDIX OF WP(C) NO. 45858 OF 2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DOCUMENT NO.1145/2024 DATED, 10-5-2024 OF THE S.R.O., OLAVAKKODE Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PALAKKAD

-II VILLAGE DATED, 19-6-2024 Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED BY THE ASSISTANT ENGINEER OF THE FIRST RESPONDENT MUNICIPALITY DATED, 16-8-2024 Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED, 5-9- 2024 IN W.P.(C)NO.31401/2024 OF THIS HON'BLE COURT Exhibit P5 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED, 12-9-2024 Exhibit P6 A TRUE COPY OF THE PLAN SUBMITTED BY THE PETITIONER FOR THE CONSTRUCTION OF THE COMPOUND WALL ALONG WITH ITS RECEIPT DATED, 23-7-2025 Exhibit P7 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE FIRST RESPONDENT DATED, 4- 8-2025 Exhibit P8 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, PALAKKAD TOWN NORTH POLICE STATION DATED, 26-11-2025 Exhibit P9 A TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE FIRST RESPONDENT DATED, 27-11-

Exhibit P10 A TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 4TH RESPONDENT DATED, 27-11-2025 Exhibit P11 A TRUE COPY OF THE RECEIPT SHOWING THE SUBMISSION OF APPLICATION FOR BUILDING PERMIT BY THE PETITIONER, DATED, 25-10-