Abdu Raheem M.C vs Cheekkode Grama Panchayath
2026 Latest Caselaw 256 Ker

Kerala High Court

Abdu Raheem M.C vs Cheekkode Grama Panchayath on 12 January, 2026

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                                  2026:KER:1886


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  MONDAY, THE 12TH DAY OF JANUARY 2026 / 22ND POUSHA, 1947

                  WP(C) NO. 20668 OF 2025

PETITIONER/S:

          ABDU RAHEEM M.C.
          AGED 44 YEARS
          S/O. MUHAMMED M.C., PALAKKOLIL HOUSE,
          CHEEKKODE, MALAPPURM DISTRICT,
          PIN - 673645


          BY ADVS.
          SRI.U.K.DEVIDAS
          SMT.S.K.SREELAKSHMY
          SMT.SONA SUNNY


RESPONDENT/S:

    1     CHEEKKODE GRAMA PANCHAYATH
          CHEEKKODE P.O. MALAPPURAM DISTRICT
          REPRESENTED BY ITS SECRETARY.,
          PIN - 673645

    2     SECRETARY
          CHEEKKODE GRAMA PANCHAYATH,
          CHEEKKODE P.O. MALAPPURAM DISTRICT,
          PIN - 673645

    3     VILLAGE OFFICER
          CHEEKKODE VILAAGE OFFICE,
          MALAPPURAM DISTRICT,
          PIN - 673645

    4     SHIYARUL ISLAM MADRASSA COMMITTEE
          CHEEKKODE P.O., MALAPPURAM DISTRICT
          REPRESENTED BY ITS SECRETARY,
          PIN - 673645
                                                                2026:KER:1886
WP(C) NO.20668 OF 2025

                                  2
     5        BEERAN HAJI
              S/O. KAMMUKUTTY, PRESIDENT, SHIYARUL ISLAM
              MADRASSA COMMITTEE, CHEEKKODE P.O., MALAPPURAM
              DISTRICT, PIN - 673645


              BY ADVS.
              SRI.VINOD SINGH CHERIYAN
              SRI.R.RAMADAS
              SRI.T.M.KHALID
              SMT.K.P.SUSMITHA

              GP SRI K JANARDHANA SHENOY

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.01.2026,         THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                            2026:KER:1886
WP(C) NO.20668 OF 2025

                                     3
                      P.V.KUNHIKRISHNAN, J
                     --------------------------------
                    W.P (C) No.20668 of 2025
                      -------------------------------
              Dated this the 12th day of January, 2026

                                JUDGMENT

This Writ Petition (C) is filed with the following prayers:

" i. a writ of mandamus or any other appropriate writ order or direction to the respondents Nos.1 to 3 to stop the construction activities conducted by the 4 th and 5th respondents in survey No. 140/5 of Cheekkode Village in Malappuram District. ii. a writ of mandamus or any other appropriate writ or direction to the second respondent to dispose the Ext.P2 complaint within a reasonable time after affording an opportunity of hearing to the petitioner. iii. such other relief's as this Hon'ble Court deems fit to grant in the nature of this case. iv. a direction to dispense with filing of the translation of vernacular document produced with this writ petition."

[SIC]

2. Petitioner filed this writ petition seeking a direction to

respondent Nos. 1 to 3 to issue a necessary direction to stop the

alleged illegal building construction made by 4 th and 5th

respondents in Survey No.140/5 of Cheekode Village.

2026:KER:1886 WP(C) NO.20668 OF 2025

3. When this writ petition came up for consideration, the

counsel appearing for the 4th and 5th respondents submitted that

an application for a revised plan was submitted before the

Panchayat, and the Panchayat is not considering the same

because of the pendency of this writ petition. The Standing

Counsel appearing for the Panchayat also submitted that a revised

plan has been received and is mentioned in paragraph No.7 of the

counter. If that is the case, I am of the considered opinion that

there can be a direction to the Panchayat to consider the same

and pass appropriate orders and based on the decision, the

Panchayat will take appropriate steps in accordance with law.

Therefore, this writ petition (c) is disposed of with the

following directions:

1. The 2nd respondent will consider the revised

plan submitted by the petitioner, after giving an

opportunity of hearing to the petitioner, 4th and

5th respondents, as expeditiously as possible, at

any rate, within a period of one month from the

date of receipt of a copy of this judgment.

2026:KER:1886 WP(C) NO.20668 OF 2025

2. Based on the decision taken by the 2 nd

respondent in the revised plan, the 1 st

respondent will do the needful in accordance

with the law.

                                             P.V.KUNHIKRISHNAN
                                                   JUDGE

SSG


    Judgment reserved       NA
      Date of judgment     12.01.2026
     Judgment dictated     12.01.2026
  Draft Judgment Placed    13.01.2026

Final Judgment Uploaded 13.01.2026 2026:KER:1886 WP(C) NO.20668 OF 2025

APPENDIX OF WP(C) NO. 20668 OF 2025

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE POSSESSION & NON-

ATTACHMENT CERTIFICATE DATED 31.07.2024 ISSUED FROM THE VILLAGE OFFICE, CHEEKKODE Exhibit-P2 TRUE COPY OF THE COMPLAINT DATED 25.04.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit-P3 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 25.04.2025 ISSUED BY THE FIRST RESPONDENT Exhibit P4 TRUE COPY OF THE PHOTOGRAPHS OF CONSTRUCTION OF BUILDING Exhibit P5 TRUE COPY OF THE SETTLEMENT DEED NO.

2929/2012 DATED 19.10.2012 OF S.R.O. VAZHAKKAD Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 21.06.2025 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT WITH RECEIPT RESPONDENT EXHIBITS

Exhibit R2(a) Copy of the notice No. 1143541 - 2025 dated 3.5.2025 issued by the Cheacode Grama Panchayath to the Secretary/President, Cheacode Valiya Juma Masjid Exhibit R2(b) Copy of the stop memo No. 1143541 - 2025 dated 1.7.2025 issued by the Cheacode Grama Panchayath to the 4th and 5th respondents