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Kerala High Court
Byju.C.J vs Varandarappilly Grama Panchayat on 5 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.11876 of 2025
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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. 11876 OF 2025
PETITIONER(S):
1 BYJU.C.J.,
AGED 49 YEARS, S/O. JOHNEY, RESIDING AT
CHENGALIKUNNEL HOUSE, THEKKUMURI, VARANDARAPPILLY
P.O., THRISSUR DISTRICT, PIN - 680303
2 PRADEEP V.R.,
AGED 53 YEARS, S/O. RAMAKRISHNAN, RESIDING AT
VATTAPARAMBIL HOUSE, THEKKUMURI, VARANDARAPPILLY
P.O., THRISSUR DISTRICT, PIN - 680303
3 SIMI FRANCIS,
AGED 43 YEARS, W/O. FRANCIS, RESIDING AT
CHALAKKUDIKKARAN HOUSE,JANATHA SCHOOL ROAD,
VARANDARAPPILLY P.O., THRISSUR DISTRICT, PIN - 680303
4 SHINSE
AGED 44 YEARS, S/O. VARGHESE, RESIDING AT VACHAMKULAM
HOUSE, VELUPADAM, VARANDARAPPILLY P.O., THRISSUR
DISTRICT, PIN - 680303
5 RADHA C.N.,
AGED 65 YEARS, W/O. GOPI, RESIDING AT KANIYAMPARAMBIL
HOUSE, THEKKUMURI, VELUPADAM, VARANDARAPPILLY P.O.,
THRISSUR DISTRICT, PIN - 680303
6 POLY U.R.,
AGED 70 YEARS, H/O. MERCY, RESIDING AT THATTILUSSAVU
HOUSE, THEKKUMURI, VELUPADAM, VARANDARAPPILLY P.O.,
THRISSUR DISTRICT, PIN - 680303
7 REJI ITTIACHAN,
AGED 51 YEARS, S/O. ITTICHAN, RESIDING AT NICE
GARDENS, THEKKUMURI, VELUPADAM, VARANDARAPPILLY P.O.,
THRISSUR DISTRICT, PIN - 680303
W.P.(C) No.11876 of 2025
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BY ADVS.
SHRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SMT.B.R.SINDU
SMT.REMYA MURALI
SRI.V.R.SANJEEV KUMAR
SMT.AFNA V.P.
RESPONDENT(S):
1 VARANDARAPPILLY GRAMA PANCHAYAT,
VARANDARAPPILLY, CHALAKUDY TALUK, THRISSUR DISTRICT
[REPRESENTED BY ITS SECRETARY], PIN - 680303
2 ASSISTANT ENGINEER,
VARANDARAPPILL GRAMA PANCHAYATH,VARANDARAPPILLY,
CHALAKUDY TALUK,THRISSUR DISTRICT, PIN - 680303
3 ASSISTANT EXECUTIVE ENGINEER.
PWD BUILDINGS AND ROADS SUB-DIVISION,CHALAKUDY,
THRISSUR DISTRICT, PIN - 680307
4 ASSISTANT ENGINEER (PWD),
BUILDINGS AND ROADS SUB-DIVISION,PUTHUKAD, THRISSUR
DISTRICT, PIN - 680301
5 ASSISTANT ENGINEER (PWD),
BUILDINGS AND ROADS SUB-DIVISION,KODAKARA, THRISSUR
DISTRICT, PIN - 680684
6 DISTRICT MEDICAL OFFICER
ST.THOMAS AUTONOMOUS COLLEGE, NEAR, BENNETTE ROAD,
KEERANKULANGARA, THRISSUR DISTRICT, PIN - 680005
7 DISTRICT COLLECTOR
CIVIL STATION, AYYANTHOL, THRISSUR DISTRICT -,
PIN - 680003
BY ADVS.:
GP, SRI K JANARDHANA SHENOY
SMT. P.R. REENA, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.11876 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.11876 of 2025
------------------------------------------------------
Dated this the 05th day of January, 2026
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"(i) Issue a writ of mandamus or any other appropriate writ
or order directing the 1st and 2nd respondents to take
proper follow up action on Exhibit P4 and P5 complaints
filed by the petitioners about the filthy water logging in the
Panchayat road mentioned in Exhibit P2 on account of the
stagnation of filthy water from the PWD Road through the
Panchayat road.
(ii) Issue a writ of mandamus or any other appropriate writ
or order commanding the 4th respondent to consider and
take follow-up action on Exhibit P4 complaint filed by the
petitioners and other inhabitants in the Nice Garden Area
of Ward No.21 of Varandarappilly Grama Panchayath
without any further delay.
(iii) Issue a writ of mandamus or any other appropriate writ
or order commanding the 6th respondent District Medical
Officer invoking the powers vested on him under the KPR
Act as well as KPR (Regulation and Prohibition of Use of
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Public Or Private Springs, Tanks, Wells and Other Water
Courses) Rules, 1996.
And
(iv) Pass such other orders or reliefs as this Hon'ble Court
deems fit in the interest of justice"
[SIC]
2. The main prayer in this writ petition is to
consider Exts.P4 and P5 complaints by the 1 st and 2nd
respondents.
3. Heard the learned counsel appearing for the
petitioners, the Standing Counsel for the Panchayath and
also the learned Government Pleader.
4. After hearing both sides, I think the prayer of the
petitioners can be allowed.
Therefore, this Writ Petition is disposed of with the
following directions:
1. The 1st and 2nd respondents are directed to
consider Exts.P4 and P5 complaints, after
giving an opportunity of hearing to a
representative of the petitioners and other
affected parties, if any, as expeditiously as
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possible, at any rate, within a period of two
months from the date of receipt of a
certified copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
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
2026:KER:200
APPENDIX OF WP(C) NO. 11876 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DOCUMENT NO.886/2024
OF SRO KODALI IN CHALAKUDY TALUK
EXECUTED BY SRI. TOMY JOSEPH OF
ANGAMALI ON 25.06.2024
Exhibit P2 A TRUE COPY OF THE RESPECTIVE SKETCH OF
THE ROAD ALIGNMENT LINKING
VARANDARAPPILLY-THEKKEMURI (ROTTIPADI
JUNCTION)
Exhibit P3 A TRUE PHOTOGRAPH OF THE WATER LOGGING
CAUSED IN THE PANCHAYAT ROAD IN NICE
GARDEN IN WARD NO.21 OF VARANDARAPPILLY
GRAMA PANCHAYAT
Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED
10.03.2025 BY THE PETITIONERS AND OTHER
INHABITANTS OF NICE GARDENS OF 4TH
RESPONDENT PANCHAYAT
Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED
18.03.2025 FILE BY THE PETITIONERS
BEFORE THE 1ST RESPONDENT
Exhibit P6 A TRUE COPY OF THE COMPLAINT DATED
18.03.2025 FILE BY THE PETITIONERS
BEFORE THE 2ND RESPONDENT
Exhibit P7 A TRUE COPY OF THE ACKNOWLEDGMENT
ISSUED BY THE 1ST RESPONDENT EVIDENCING
RECEIPT OF EXHIBIT P5 COMPLAINT
Exhibit P8 A TRUE PHOTOGRAPH OF THE PRESENT
SITUATION OF WATER LOGGING IN THE
PANCHAYAT ROAD AS ON
Exhibit P9 . A TRUE COPY OF THE COMPLAINT DATED
21.05.2025 SUBMITTED BY THE WIFE OF THE
1ST PETITIONER BEFORE THE 7TH
RESPONDENT
Exhibit P10 A TRUE COPY OF THE ACKNOWLEDGEMENT
DATED 21.05.2025 ISSUED BY THE
COLLECTORATE, THRISSUR
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Exhibit P11 A TRUE COPY OF THE CERTIFICATE OF
DISABILITY ISSUED BY THE GOVERNMENT
MEDICAL COLLEGE HOSPITAL, THRISSUR ON
28.04.2022 CERTIFYING ABOUT THE
PHYSICAL DISABILITY OF THE CHILD KUM.
EVELYN MARIA
Exhibit P12 A TRUE COPY OF THE REPLY DATED
16.04.2025 ISSUED BY THE 5TH RESPONDENT
TO THE 2ND PETITIONER UNDER RIGHT TO
INFORMATION ACT
Exhibit P13 A TRUE COPY OF THE CASE DETAILS
RELATING TO O.S.NO.383/2025 FILED BY
THE PETITIONERS AGAINST THE 1ST
RESPONDENT AND OTHERS PENDING BEFORE
THE MUNSIFF COURT, IRINJALAKKUDA
Exhibit P14 A TRUE COPY OF THE COMMISSION REPORT
FILED BY THE ADVOCATE COMMISSIONER IN
CONNECTION WITH O.S.NO.383/2025 ON THE
FILES OF MUNSIFF COURT, IRINJALAKKUDA
