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Kerala High Court
Alexander Mathew vs The Revenue Divisional Officer on 20 January, 2026
2026:KER:4884
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947
WP(C) NO. 2109 OF 2022
PETITIONER:
GEORGE E.C.
AGED 55 YEARS
S/O.CHACKO, EDAVAZHIKKAL HOUSE, CHERTHALA P.O.,
ALAPPUZHA DISTRICT - 688 524.
BY ADV SHRI.RAPHAEL THEKKAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO LOCAL ADMINISTRATION,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, NEAR
PALAYAM JUNCTION, THIRUVANANTHAPURAM DISTRICT - 695
001.
2 CHERTHALA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, CHERTHALA P.O., ALAPPUZHA
- 688 524.
3 STATION HOUSE OFFICER
CHERTHALA POLICE STATION, ALAPUZHA DISTRICT - 688 524.
4 ALEXANDER MATHEW
AGED 66 YEARS
S/O.ALEXANDER, PULLURUTHIKARAYIL HOUSE, CHERTHALA P.O.
- 688 524.
BY ADVS.
SHRI.J.OMPRAKASH, SC, CHERTHALA MUNICIPALITY
SRI.ANIL S.RAJ
SMT.K.N.RAJANI
SMT.RADHIKA RAJASEKHARAN P.
SMT.ANILA PETER
WP(C) Nos.2109 of 2022 & 26431 of 2021 -2-
2026:KER:4884
GP- NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.01.2026, ALONG WITH WP(C).26431/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos.2109 of 2022 & 26431 of 2021 -3-
2026:KER:4884
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947
WP(C) NO. 26431 OF 2021
PETITIONER:
ALEXANDER MATHEW
AGED 67 YEARS
S/O ALEXANDER, PULLURUTHIKARAYIL, CHERTHALA, PIN-
688524.
BY ADVS.
SRI.ANIL S.RAJ
SMT.K.N.RAJANI
SMT.RADHIKA RAJASEKHARAN P.
SMT.ANILA PETER
SHRI.MUHAMMED HARIS K.K.
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
ALAPUZHA, PIN-688013.
2 GE
AGED 55 YEARS
S/O CHACKO, EDAVAZHIKKAL, CHERTHALA P.O, PIN-688524.
BY ADV SHRI.RAPHAEL THEKKAN
GP - NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 20.01.2026, ALONG WITH WP(C).2109/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.2109 of 2022 & 26431 of 2021 -4-
2026:KER:4884
JUDGMENT
Dated this the 20th day of January, 2026
WP(C) No.26431 of 2021 is a writ petition challenging Exts.P1
and P3 which are the proceedings initiated by the Sub Collector,
Alleppey directing the petitioner to remove the unauthorised
partition erected by the petitioner which is affecting the light and air
flow to the property and posing difficulty for him and his family
members.
2. The learned Counsel for the petitioner submits that the
Sub Collector has absolutely no power to issue such an order. If
Exts.P1 and P3 are issued invoking the powers under Section 133 of
Cr.PC, no procedures contemplated as per the Code has been
complied with.
3. Whereas the contention of the petitioner in WP(C)
No.2109 of 2022 on whose complaint Exts.P1 and P3 in WP(C)
No.26431 of 2021 has been issued submits that proceedings have
been initiated by the Municipality as evident from Ext.P9 directing
the 4th respondent who is the petitioner in WP(C) No.26431 of 2021
to remove the unauthorised construction undertaken by him.
4. The learned Counsel appearing for the respondent
Municipality would submit that challenging Ext.P9 the 4 th respondent
has filed a suit which was later on withdrawn by the 4 th respondent,
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and that the Municipality is inclined to issue fresh proceedings after
affording an opportunity of being heard to the petitioners in these
writ petitions.
Therefore, the writ petitions are disposed of as follows:-
I. Orders impugned in WP(C) No.26431 of 2021 are set aside.
II. Ext.P9 order shall be treated as a provisional order and
objection shall be filed by the petitioner in WP(C) No.26431 of
2021 to the said notice within a period of three weeks from the
date of receipt of a copy of this judgment.
III. Thereafter fresh inspection shall be conducted by the
Municipality with notice to the petitioners herein and take a
fresh decision in the matter within a further period of one
month thereafter.
With the above said directions these writ petitions are disposed
of.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2026:KER:4884
APPENDIX OF WP(C) NO. 2109 OF 2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PHOTOGRAPHS OF THE
CONSTRUCTION MADE BY THE 4TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE COMPLAINT DATED
16/09/2021 BY THE PETITIONER.
Exhibit P3 TRUE COPY OF THE NOTICE DATED 25/09/2021.
Exhibit P4 TRUE COPY OF THE REPRESENTATION MADE BY
THE PETITIONER DATED 11/10/2021.
Exhibit P5 TRUE COPY OF THE PLAINT IN OS NO.451/2021
OF THE MUNSIFF'S COURT, CHERTHALA DATED
11/10/2021.
Exhibit P6 TRUE COPY OF THE WRITTEN STATEMENT FILED
BY THE PETITIONER IN OS NO.451/2021 DATED
15/11/2021.
Exhibit P7 TRUE COPY OF THE ORDER DATED 17/12/2021 IN
I.A.NO.1/2021 IN OS NO.451/2021.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED
24/12/2021 MADE BY THE PETITIONER.
Exhibit P9 TRUE COPY OF THE ORDER DATED 03/01/2022 BY
THE 2ND RESPONDENT.
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APPENDIX OF WP(C) NO. 26431 OF 2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE NUMBER F 8231/21
DAT4ED NIL OF THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE OBJECTION DATED 9.11.2021
SUBMITTED BY THE PETITIONER.
Exhibit P3 TRUE COPY OF THE ORDER DATED 9.11.2021 OF
THE 1ST RESPONDENT.
