Eldose K V vs State Of Kerala Represented By ...
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Kerala High Court

Eldose K V vs State Of Kerala Represented By ... on 20 January, 2026

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                                           2026:KER:4492



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947

                         WP(C) NO. 2065 OF 2026

PETITIONER/S:

          ELDOSE K V
          AGED 62 YEARS
          S/O LATE K V VARKEY, MANAGING PARTNER, ELJI PLY AND
          BOARDS, 29/5B-2-2, PANDAPILLY, NEAR PERIYAR VALLEY
          CANAL ARAKKUZHA, ERNAKULAM RESIDING AT KANIYAMKUDIYIL
          HOUSE, VENGOLA, VALAYANCHIRANGRA P.O., PIN - 683556.


          BY ADVS.
          SHRI.SAIBY JOSE KIDANGOOR
          SHRI.BENNY ANTONY PAREL
          SMT.PRAMITHA AUGUSTINE
          SMT.AFSANA KHAN
          SHRI.SREERAJ S. RAJARAM
          SHRI.ADARSH PADMANABHAN
          SHRI.AMAL DILEEP
          SMT.ANNA PAUL
          SHRI.VICTOR JOSEPH




RESPONDENT/S:

    1     STATE OF KERALA REPRESENTED BY SECRETARY
          DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001.

    2     KERALA STATE POLLUTION CONTROL BOARD
          HEAD OFFICE, PATTAM P.O., THIRUVANANTHAPURAM,
          REPRESENTED BY ITS SECRETARY, PIN - 695004.
                                                          2026:KER:4492
WP(C) NO. 2065 OF 2026                 2



      3       KERALA FIRE AND RESCUE SERVICES
              HEAD QUARTERS, THAMPANOOR MASJID ROAD, CHENKALCHHOLA
              COLONY, JUNCTION, THIRUVANANTHAPURAM, PIN - 695001.

      4       THE GEOLOGIST
              MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, CIVIL
              STATION, KAKKANAD, ERNAKULAM, PIN - 682030.

      5       ARAKKUZHA GRAMA PANCHAYATH
              REPRESENTED BY ITS SECRETARY, ARAKKUZHA P.O.,
              ERNAKULAM, PIN - 686672.

      6       THE INDUSTRIAL OFFICER
              DISTRICT INDUSTRIAL CENTRE, 288R+QCP, KUNNUMPURAM -
              CIVIL STATION RD, ECHAMUKU, KUNNUMPURAM, THRIKKAKARA,
              VAZHAKKALA, KAKKANAD, KERALA, PIN - 682030.

      7       THOMAS
              POTTANMALAYIL, PANDAPPILLI, MUVATUPUZHA,
              ERNKULAM, PIN - 686672.


              SRI GOKULDAS V V H, SC
              SRI T NAVEEN, SC
              SMT DEEPA V, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 2065 OF 2026                     3




                          P.V. KUNHIKRISHNAN, J.
                   -----------------------------------------------
                          W.P.(C) No.2065 of 2026
                   -----------------------------------------------
                Dated this the 20th day of January, 2026

                                    JUDGMENT

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

i) Issue a writ of certiorari or any other appropriate writ, order or

direction, quashing Exhibit P14 stop memo issued by the 5th

respondent Arakkuzha Grama Panchayat, as being illegal,

arbitrary and violative of the principles of natural justice;

ii) Issue a writ of mandamus directing the 5th respondent to

consider and pass appropriate orders on Exhibit P15 reply and

the addendum submitted by the petitioner, after affording a

personal hearing, within a time frame to be fixed by this Hon'ble

Court;

iii) Issue a writ of mandamus directing the 6th respondent to

consider and pass appropriate orders on Exhibit P19 after

affording a personal hearing, within a time frame to be fixed by

this Hon'ble Court;

iv) May dispense with filing translation of vernacular documents.

2. The petitioner is the Managing Partner of 'Elji Ply and

Boards', a registered partnership firm. The petitioner purchased 2.41 2026:KER:4492

acres of land and obtained all requisite statutory approvals from

statutory authorities for establishing a manufacturing unit. A building

permit was issued. Subsequently, the Panchayat Committee without

issuing any show cause notice cancelled the permit is the submission.

The matter was referred to the Tribunal for Local Self Government

Institutions and the decision of the Secretary regarding the issuance of

the building permit was upheld. According to the petitioner, there was

obstruction from private respondents for constructing the building in

accordance with the building permit and hence the petitioner

approached this Court for police protection. It is submitted that an

interim order was passed by this Court to afford police protection.

When the construction was resumed in accordance with the valid

permit based on the police protection order, now Ext.P14 stop memo

has been issued. The petitioner immediately submitted Ext.P15 but the

same is not considered and the construction activity is now standstill is

the submission. Hence this writ petition.

3. Heard the learned counsel for the petitioner, the learned

Standing Counsel appearing for the 5th respondent and the learned

Government Pleader. The manner in which the writ petition is going to

be disposed of, no notice is necessary to the 7 th respondent. If the 7th

respondent is aggrieved by any of the directions issued by this Court, 2026:KER:4492

the 7th respondent is free to file a Review Petition before this Court.

4. This Court perused Ext.P14 stop memo. Admittedly, the

petitioner submitted Ext.P15 reply. This is a matter in which several

round of litigation is over. The petitioner submitted that he can

convince the Panchayat authorities that this stop memo is

unsustainable. The petitioner submitted that if construction activity is

delayed, there will be irreparable loss to the petitioner. It is submitted

that he will construct the building in accordance with the building

permit subject to the final decision of the Panchayat. I think there can

be a direction to the Panchayat to consider Ext.P15 within a short time

and during the above period, if the petitioner continue with the

construction, that will be subject to the final decision of the Panchayat

Committee.

5. Therefore, the writ petition is disposed of with the following

directions:-

(i) The competent authority of the 5 th respondent will consider

Ext.P15 after giving an opportunity of hearing to the

petitioner, the 7th respondent and other affected parties, if

any, as expeditiously as possible, at any rate, within one

month from the date of receipt of a copy of this judgment.

(ii) Construction, if any, by the petitioner based on the 2026:KER:4492

approved building permit will be subject to the final decision

of the Panchayat in Ext.P15.

Sd/-

P.V.KUNHIKRISHNAN JUDGE Sru 2026:KER:4492

APPENDIX OF WP(C) NO. 2065 OF 2026

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE DEED NO: NO: 667/2024 DATED 02.03.2024 EXECUTED IN FAVOR OF THE PETITIONER FIRM Exhibit P2 TRUE COPY OF THE CONSENT TO ESTABLISH THE FACTORY ISSUED IN FAVOR OF THE PETITIONER FIRM VALID UP TO 31.03.2029 VIDE FILE NO:

KSPCB/ ER2/ ICE/ 10064710 /2024 DATED 08.04.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE REGISTRATION CERTIFICATE UNDER RULE 10 (1) OF GENERAL SALES TAX ACT/RULES VIDE REGISTRATION NO:

32AAKFE9574B1ZG REGISTRATION CERTIFICATE UNDER RULE 10 (1) OF GENERAL SALES TAX ACT/RULES VIDE REGISTRATION NO:

32AAKFE9574B1ZG DATED 06.03.2024 ISSUED BY THE GOVERNMENT OF INDIA Exhibit P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 08.04.2024 SANCTIONED VIDE FILE NO: FRS/07/MVP/ 23266/ 2024/ SITE ISSUED BY THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE NO: KLMSME-7917/2024 DATED 13.05.2024 Exhibit P6 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT, VIDE PERMIT NO: SC2-BA (221369)/2024 DATED 02.07.2024 ISSUED BY THE 5TH RESPONDENT IN FAVOR OF THE PETITIONER Exhibit P7 TRUE COPY OF THE RECEIPT NO:

1240400546/G071402 DATED 01.07.2024 ACKNOWLEDGING THE PAYMENT ISSUED BY THE 5TH RESPONDENT Exhibit P8 TRUE COPY OF THE PROCEEDINGS NO:

DOERN/22/2024-E ISSUED BY THE GEOLOGIST ERNAKULAM DATED 27.08.2024 Exhibit P9 TRUE COPY OF THE NOTICE VIDE PROCEEDINGS NO:

SC 2-1059/2024 DATED 22.08.2024 ISSUED BY THE 5TH RESPONDENT Exhibit P10 TRUE COPY OF THE REFERENCE ORDER NO: 6/2024 DATED 23.01.2025 ISSUED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION 2026:KER:4492

Exhibit P11 TRUE COPY OF THE COMPLAINT DATED 26.04.2025 AND THE RECEIPT ACKNOWLEDGING THE SAME, PREFERRED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, MUVATTUPUZHA Exhibit P12 TRUE COPY OF THE ORDER DATED 17.07.2025 IN

Exhibit P13 TRUE COPY OF THE JUDGEMENT DATED 17.07.2025 IN WP(C) NO.18290 OF 2025 Exhibit P14 TRUE COPY OF THE STOP MEMO ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 24.12.2025 Exhibit P15 TRUE COPY OF THE REPLY CUM REPRESENTATION DATED 26.12.2025 PREFERRED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P16 TRUE COPY OF THE LETTER DATED 29.12.2025 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P17 TRUE COPY OF THE LETTER DATED 12.01.2026 SENT BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P18 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT DATED NIL Exhibit P19 TRUE COPY OF THE LETTER PREFERRED BY THE PETITIONER BEFORE THE 6TH RESPONDENT WITH ACKNOWLEDGEMENT RECEIPT DATED 13.1.2025