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Kerala High Court
Afsal Khan K A vs State Of Kerala on 5 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:86
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. 22616 OF 2025
PETITIONER/S:
AFSAL KHAN K A
AGED 40 YEARS
S/O.K.E. ABDULLAKUTTY, KHADEEJA MANZIL,
PALAKKAL , THEVALAKKARA, KOLLAM P.O.,
KOLLAM, PIN - 690524
BY ADVS.
SHRI.RAVI KRISHNAN
SMT.ANJU P.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF LOCAL GOVERNMENT INSTITUTION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THEVALAKKARA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY THEVALAKKARA
P.O.,KOLLAM, PIN - 690524
3 THE SECRETARY
THEVALAKKARA GRAMA PANCHAYAT, THEVALAKKARA P.O.,
KOLLAM, PIN - 690524
4 ASSISTANT DIRECTOR OF PANCHAYAT
OFFICE OF ASSISTANT PANCHAYAT DIRECTOR,
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WP(C) NO.22616 OF 2025
2
KOLLAM, PIN - 691013
5 TAHSILDAR (LAND RECORDS)
KARUNAGAPPALLY, MINI CIVIL STATION ,
KARUNAGAPPALLY, KOLLAM, PIN - 690518
SRI BIJITH S KHAN, SC
SRI K JANARDHANA SHENOY, GP
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.22616 OF 2025
3
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.22616 of 2025
-------------------------------
Dated this the 05th day of January, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
" i. Issue a writ of mandamus or other appropriate writ,
order or direction, directing the 5th respondent to
measure and fix the boundary of the playground owned
by the Thevalakkara Grama Panchayat.
ii. Issue a writ of mandamus or other appropriate writ,
order or direction, directing the respondent Panchayat
to construct the requisite fencing/compound wall in the
playground at the earliest."
[SIC]
2. According to the petitioner, the respondent Grama
Panchayat is permitting to play in the playground without
sufficient fencing/wall. According to the petitioner, his residential
house is situated near the playground, and it causes damage to
the petitioner's residential building, especially the window glass,
because the playground is used without a wall. The petitioner
approached this Court earlier, and as per Ext.P5 judgment, the
Panchayat assured that the construction of the compound wall
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WP(C) NO.22616 OF 2025
would be completed immediately. The funds have also been
allocated, but even now, the same is not completed, is the
grievance. Hence, this Writ Petition.
3. Heard the counsel for the petitioner, the Government
Pleader and also the Standing Counsel appearing for the
Panchayat.
4. Admittedly, the petitioner approached this Court earlier
with W.P(C) 6567/2024. This Court disposed of that writ petition as
per the Ext.P5 judgment. It will be better to extract the relevant
portion of the Ext.P5 judgment:
" 2. When the writ petition came up for
consideration today, the learned Standing Counsel for
the Panchayat submits that the Panchayat has already
taken steps to construct the compound wall and an
amount of Rs.10,00,000/- has been allotted in the
budget for the said purpose and is included in 2023-
2024 plan. It is further submitted that once the
measurement of the playground is carried out, steps
for the construction of the compound wall would be
taken soon.
Recording the said submission, this writ
petition is disposed of with a direction to the 3 rd
respondent, the Secretary of the Panchayat to take
appropriate steps for expediting the measurement of
the property. The petitioner shall produce a copy of the
writ petition along with a copy of this judgment before
the Tahsildar (LR) concerned for necessary steps."
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WP(C) NO.22616 OF 2025
5. Now, the counsel for the Panchayat submitted that the
measurement of the playground has not been done by the 5th
respondent, and therefore, the construction of the wall is not
completed. If that is the case, there can be a direction to the 5 th
respondent to do the needful to complete the measurement within
a timeframe, and there can be a direction to the Panchayat also to
complete the construction after the measurement is completed by
the 5th respondent.
Therefore, this Writ Petition (C) is disposed of with the
following directions:
1. The 5th respondent is directed to complete the
measurement of the playground in question
within six weeks from the date of receipt of a
copy of this judgment.
2. Once the measurement is completed, the 2nd
and 3rd respondents will do the needful to
complete the construction of the compound wall
to the playground in accordance with the
measurements done by the 5th respondent, as
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expeditiously as possible, at any rate, within six
months from the date on which the measurement
details are served by the 5th respondent.
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.22616 OF 2025
APPENDIX OF WP(C) NO. 22616 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER TO THE RESPONDENT PANCHAYAT
ON 26.11.2019
Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY THE
PANCHAYAT DATED 26.11.2019
Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER TO THE RESPONDENT PANCHAYAT
ON 04.05.2020
Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY THE
4TH RESPONDENT TO THE PETITIONER DATED
19.07.2022
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED
29.02.2024 IN WP(C) NO. 6567 OF 2024 OF
THIS HON'BLE COURT
Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE
OFFICE OF THE 5TH RESPONDENT DATED
05.03.2024
Exhibit P7 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED
BY THE THEVALAKKARA GRAMA PANCHAYAT
DATED 12.04.2024
