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Kerala High Court
Pathutty T.P vs Noolpuzha Grama Panchayat on 21 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.38703 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
WP(C) NO. 38703 OF 2025
PETITIONER(S):
PATHUTTY T.P
AGED 71 YEARS, W/O BADUSHA N, RESIDING AT
CHITHRALAKKARA, NAIKETTY P.O, KUPPADI, NAIKETTY,
WAYANAD, PIN - 673592
BY ADVS.
SRI.RAJAN VISHNURAJ
SRI.V.HARISH
SHRI.VARUN JACOB
RESPONDENT(S):
1 NOOLPUZHA GRAMA PANCHAYAT
PANCHAYAT OFFICE, BANGALORE-CALICUT HIGHWAY, NAIKETTY
P.O, WAYANAD REPRESENTED BY ITS SECRETARY,
PIN - 673592
2 SECRETARY
NOOLPUZHA GRAMA PANCHAYAT, PANCHAYAT OFFICE,
BANGALORE-CALICUT HIGHWAY, NAIKETTY P.O, WAYANAD,
PIN - 673592
BY ADVS.
SRI.JIKKU SEBAN GEORGE, SC
SMT.DEEPTI SUSAN GEORGE
SMT.SHRUTHI BALAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.38703 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.38703 of 2025
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Dated this the 21st day of January, 2026
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"(i) Declare that the Respondents have no power or authority to
include the well situated in the exclusive ownership and
possession of the petitioner in the land covered by Exhibit P2
possession Certificate, as an entry in the asset register of the
Grama Panchayath without following the due process of law, is
violative of the fundamental rights guaranteed to the petitioner.
Issue a writ of mandamus or any other writ or direction directing
the respondents to remove the entry of the petitioner's well as
'ചിത്രാലകര ബാദുഷ കിണർ' from the Panchayat Asset Register of the
1st respondent;
(ii) Petitioner may be permitted to dispense with the filing of the
translations of the documents in the vernacular language in the
interest of justice;
(iii) Pass such any other order, direction or reliefs as this Hon'ble
Court may deem fit in the interest of justice, equity and good
conscience." [SIC]
2. According to the petitioner, she is the absolute
owner and in possession of 1 acre of land in Re. Sy. No.17
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of Kuppadi Village, Sulthan Bathery Taluk, Wayanad
District. According to her, a residential house was
constructed in that property and a well was also there for
domestic use from 1980s onwards. According to the
petitioner, the well was entirely built using their own funds,
without any financial assistance from the Panchayat, and
has been in exclusive private use for over four decades.
Subsequently, the 1st respondent Panchayat entered the
petitioner's property without consent and took
measurement of the well, claiming that it had been
included in the Panchayat Asset Register as "ചിത്രാലകര
ബാദുഷ കിണർ" since 2009. In such circumstances, the
petitioner submitted Ext.P5 representation to remove the
well from the Asset Register. When there was no further
action, this Writ Petition is filed.
3. Heard the learned counsel appearing for the
petitioner and the Standing Counsel for the Panchayat.
4. When this writ petition came up for
consideration, the counsel for the petitioner takes me
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through Ext.P7, which is produced as an additional
document. Ext.P7 is a decision of Noolpuzha Grama
Panchayat dated 05.11.2025. This Court perused Ext.P7.
A perusal of the same would show that the Panchayat is
taking steps based on the representation submitted by the
petitioner as evident by Ext.P5.
5. The Standing Counsel appearing for the
Panchayat submitted that based on Ext.P7 decision, a
notification was published in the news papers and there
was one objection. The Panchayat will take necessary
steps, in accordance with law, after giving notice to the
objector.
6. If that be the case, I am of the considered opinion
that, there can be a direction to conclude the proceedings
based on Ext.P7, after giving an opportunity of hearing to
the petitioner and the objector, if any.
Therefore, this Writ Petition is disposed of with the
following directions:
1. The 1st respondent Panchayat is directed to
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conclude the proceedings, based on Ext.P7
decision, after giving sufficient opportunity of
hearing to the petitioner and other affected
parties, if any, as expeditiously as possible, at
any rate, within a period of six weeks from the
date of receipt of a certified copy of this
judgment.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 21.01.2026
Judgment dictated 21.01.2026
Draft Judgment placed 22.01.2026
Final Judgment uploaded 22.01.2026
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APPENDIX OF WP(C) NO. 38703 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE LAND TAX
RECEIPT NO.KL12020613059/2025 DATED
24.09.2025 OF KUPPADI VILLAGE IN THE
NAME OF THE PETITIONER
Exhibit P2 A TRUE PHOTOCOPY OF THE POSSESSION
CERTIFICATE NO. 97286867 DATED
26.09.2025 ISSUED BY THE KUPPADI
VILLAGE OFFICE TO THE PETITIONER
Exhibit P3 A TRUE PHOTOCOPY OF THE QUERY DATED
22.08.2025 PREFERRED UNDER RTI BY THE
PETITIONER'S HUSBAND BEFORE THE 1ST
RESPONDENT
Exhibit P4 A TRUE PHOTOCOPY OF THE REPLY DATED
24.09.2025 ISSUED BY THE 1ST RESPONDENT
Exhibit P4(a) A TRUE PHOTOCOPY OF THE RELEVANT PAGE
OF THE EXTRACT OF THE PANCHAYAT ASSET
REGISTER AS OBTAINED FROM THE OFFICE OF
THE 1ST RESPONDENT
Exhibit P5 A TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 22.08.2025 PREFERRED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P6 A TRUE PHOTOCOPY OF THE LEGAL NOTICE
DATED 09.09.2025 ISSUED BY THE
PETITIONER'S COUNSEL TO THE RESPONDENTS
Exhibit P7 TRUE COPY OF THE DECISION TAKEN BY THE
RESPONDENTS AS DECISION NO. 8/1 DATED
05.11.2025
