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Kerala High Court
K.M. Abdul Kareem vs The Principal Secretary on 5 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:170
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. 7208 OF 2025
PETITIONER/S:
K.M. ABDUL KAREEM
AGED 65 YEARS
S/O MARAKKAR HAJI, KUTTICHIRA HOUSE,
NELLIKUZHY.P.O, COMPANYPADY, KOTHAMANGALAM,
ERNAKULAM DISTRICT, PIN - 686691
BY ADVS.
SHRI.C.DILIP
SHRI.JIJO JOSEPH
SRI.P.N.VIJAYAN NAIR
RESPONDENT/S:
1 THE PRINCIPAL SECRETARY,
DEPARTMENT OF LOCAL SELF-GOVERNMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 JOINT DIRECTOR,
DEPARTMENT OF LOCAL SELF GOVERNMENT, KAKKANAD,
ERNAKULAM, PIN - 682030
3 NELLIKUZHI GRAMA PANCHAYATH
NELLIKUZHI.P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 686691
4 THE SECRETARY,
NELLIKUZHI GRAMA PANCHAYATH, NELLIKUZHI.P.O,
KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691
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WP(C) NO.7208 OF 2025
2
5 SAFIYAMOL P.H.,
AGED 57 YEARS
PUTHIYATHOTTIL HOUSE, COMPANYPADY, NELLIKUZHI.P.O,
KOTHAMANGALAM, ERNAKULAM DISTRICT,
PIN - 686691
6 PAREETH
S/O KUNJUMBAVA, KAVATTU HOUSE, CHERUVATTOOR .P.O,
NELLIKUZHY, KOTHAMANGALAM, ERNAKULAM, ( IMPLEADED
AS ADDITIONAL 6TH RESPONDENT AS PER ORDER DATED
05.01.2026 IN IA NO.1/2025 IN WP (C) NO.7208/2025)
BY ADVS.
SHRI.K.S.ARUN KUMAR, SC, NELLIKKUZHY GRAMA
PANCHAYATH
SHRI.KALAM PASHA B.
SMT.VISHAKHA J.
SMT.HASNA ASHRAF T.A
SMT.JUVYRIA A.A.
SHRI.ANANDU U.R.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO.7208 OF 2025
3
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.7208 of 2025
-------------------------------
Dated this the 05th day of January, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
" a) Issue a writ in the nature of mandamus or any
other writ, order or direction directing Respondent
No 4 to consider Exhibits.P3 & P4 representations
submitted by the petitioner, conduct proper
enquiry in the matter and pass orders thereon,
within a time as may be specified by this Hon'ble
Court.
b) Issue a writ in the nature of Mandamus or any
other writ, order or direction directing Respondent
No 1 & 2 to consider respectively Exhibit.P5 &
P6representations submitted by the petitioner and
pass orders thereon, within a time as may be
specified by this Hon'ble Court.
c) Issue a writ in the nature of mandamus or any
other writ, order or direction directing Respondent
No 4 to conduct proper enquiry in the matter of
additional constructions done by the 5th
respondent in Building No.XIII/247 of Nellikuzhy
Grama Panchayath and take immediate legal
action for illegal constructions done in the building
by the 5th respondent.
d) Issue such other appropriate writ, order or
direction which this Hon'ble court may deem fit to
issue and the petitioner may pray from time to
time.
e) Pass an order dispensing with production of
English translated copy of exhibits produced along
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WP(C) NO.7208 OF 2025
with this writ petition for the admission purpose of
the matter and time may be granted for
production of translated copies."
[SIC]
2. When this Writ Petition came up for
consideration, the counsel for the petitioner submitted that, he will
be satisfied if a direction is issued to the 4 th respondent to
consider Exts.P3 and P4.
3. Heard the counsel for the petitioner, Government
Pleader, Counsel appearing for the Panchayat, and also the
Counsel appearing for the 5th respondent.
4. After hearing both sides, I think, there can be a
direction to the 4th respondent to consider Exts.P3 and P4 within a
time frame.
Therefore this Writ Petition (C) is disposed of with the
following direction:
1. The 4th respondent is directed to consider
Ext.P4 after giving sufficient opportunity of
hearing to the petitioner and the 5th and
additional 6th respondents, as expeditiously as
possible, at any rate, within a period of six
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WP(C) NO.7208 OF 2025
weeks from the date of receipt of a copy of this
judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
Judgment reserved NA
Date of judgment 05.01.2026
Judgment dictated 05.01.2026
Draft Judgment Placed 06.01.2026
Final Judgment Uploaded 07.01.2026
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WP(C) NO.7208 OF 2025
APPENDIX OF WP(C) NO. 7208 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTO COPY OF DOCUMENT NO 1839 /2007 OF
S.R.O, KOTHAMANGALAM DATED 05.03.2007
Exhibit P2 TRUE PHOTO COPY OF COMPLETION CERTIFICATE
DATED 02.09.2008 ISSUED BY THE THIRD
RESPONDENT PANCHAYATH.
Exhibit P3 TRUE PHOTO COPY OF COMPLAINT DATED
22.08.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT ALONG WITH ITS
ACKNOWLEDGEMENT RECEIPT
Exhibit P4 TRUE PHOTO COPY OF COMPLAINT DATED
03.12.2024 SUBMITTED BY THE PETITIONER
BEFORE 4TH RESPONDENT ALONG WITH ITS
ACKNOWLEDGEMENT RECEIPT
Exhibit P5 TRUE PHOTO COPY OF REPRESENTATION DATED
03.12.2024 SUBMITTED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT
Exhibit P6 TRUE PHOTO COPY OF REPRESENTATION DATED
03.12.2024 SUBMITTED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT
RESPONDENT EXHIBITS
Exhibit R5(a) The true copy of Sale Deed No. 4003/2003
dated 28.07.2003 of the Kothamangalam Sub
Registry
Exhibit R5(b) The true copy of Sale Deed No. 4181/2003
dated 05.08.2003 of the Kothamangalam Sub
Registry
Exhibit R5(c) The true copy of the tax receipt issued by
the Village Field Assistant, Village Office,
Iramallur, dated 25.06.2024
Exhibit R5(d) The true copy of the judgment in W.P.
(C)No.34471/2024 dated 06.12.2024
Exhibit R5(e) The true copy of the plan of the building
completed by Petitioner
Exhibit R5(g) The true copy of the notice dated 24.06.2024
issued by the secretary, Nellikuzhi grama
panchayat
Exhibit R5(h) The true copy of the application filed
before Respondent No.4 dated 04.07.2024
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WP(C) NO.7208 OF 2025
Exhibit R5(i) The true copy of the complaint filed before
the Adalat dated 16.08.2024
Exhibit R5(j) The true copy of the complaint filed by me
before the Principal Director, LSGD, dated
29.10.2024
Exhibit R5(l) The true copy of the report prepared by G.
Harikrishnan, Deputy Director, Vigilance,
LSGD, dated 28.11.2024
Exhibit R5(m) The true copy of the notice issued by the
Principal Director to Respondents No. 2 to 4
dated 05.12.2024
Exhibit R5(n) The true copy of the letter sent by the
Principal Director to Joint Director, Local
Self Government Department on 05.12.2024
Exhibit R5(o) The true copy of the letter sent by
Respondent No. 2 to the Kerala State Women's
Commission, Trivandrum, on 09.01.2024
Exhibit R5(p) The true copy of the judgment in Writ
Petition No.41293/2024 dated 21.11.2024
Exhibit R5(q) The true copy of the Order dated 13.1.2025
issued by the secretary, Nellikuzhi grama
panchayat
Exhibit R5(s) The true copy of the order dated 10.03.2025
Exhibit R5(t) The true copy of the order dated 27.03.2025
Exhibit R5(u) The true copy of the photographs showing
nature and condition of the two buildings
Exhibit R5(k) The true copy of the report prepared by the
Internal Vigilance Officer-1, Municipal
Directorate, dated 25/11/2024
Exhibit R5(f) The true copy of the Building Permit issued
to Petitioner from the Nellikuzhi Grama
Panchayat dated 23/01/2008
