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Kerala High Court
Lijiya Joseph vs State Of Kerala on 21 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.44820 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. 44820 OF 2025
PETITIONER(S):
LIJIYA JOSEPH
AGED 43 YEARS, W/O. KUNJUMON, PUNNACKATHARA HOUSE,
POOCHACKAL P O, THAIKATTUSSERY, ALAPPUZHA,,
PIN - 688526
BY ADV SMT.S.LAKSHMY
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 AROOR GRAMA PANCHAYATH
AROOR P O, CHERTHALA, ALAPPUZHA REPRESENTED BY ITS
SECRETARY, PIN - 688534
3 VILLAGE OFFICER
AROOR AROOR P O, CHERTHALA TALUK, ALAPPUZHA
DISTRICT., PIN - 688524
BY ADVS.:
SMT. K B REKHA, SC,
GP, SMT DEEPA V
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.44820 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.44820 of 2025
------------------------------------------------------
Dated this the 21st day of January, 2026
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"1. Issue a writ of Certiorari or other appropriate writ order or
direction directing the second respondent to produce the
records of the second respondent pursuant to issuance of Exhibit
P7 notice and Exhibit P13.
2. Issue a writ of Certiorari or other appropriate writ order or
direction quashing Exhibit P7 notice issued by the second
respondent and all further proceedings pursuant thereto.
3. Issue a writ of mandamus or other appropriate writ order or
direction directing the second respondent to consider Exhibit P8
objections and Exhibit P15 documents filed by the petitioner
within a time limit fixed by this Hon'ble Court.
4. Issue such other appropriate writ order or direction that may
be deemed fit to be granted in the facts and circumstances of
the case.
5. To dispense with the filing of English translation of vernacular
documents produced along with the writ petition.
6. To grant such relief as this Honorable Court may deem fit and
proper in the interest of justice." [SIC]
2. The main prayer in this writ petition is to issue a
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direction to the 2nd respondent to produce the records of
the 2nd respondent pursuant to issuance of Ext.P7 notice
and Ext.P13 and to issue an order or direction to quash
Ext.P7 notice issued by the 2nd respondent.
3. Challenging Ext.P7 notice, the petitioner filed a
writ petition before this Court. This Court delivered Ext.P10
judgment on 26.06.2024. It will be better to extract the
abovesaid judgment:
"The petitioner is stated to be the owner in
possession and enjoyment of an extent of land having
0.41 Sq. Mtr. in Sy. No. 64/12/4/4, 30 Sq. Mtrs in Sy. No.
64/12/5/1/1 and 1.02 Ares in Sy. No. 64/12/5/5, Aroor
Village, Cherthala Taluk, Alappuzha District from Mrs.
Rathnamma and Others covered by Deed No. 89/2023,
SRO, Kuthiyathode under Ext.P2 sale deed. She is
aggrieved by Ext. P7 notice issued by the second
respondent Panchayat directing her to demolish the
portion of the foundation constructed for putting up a
compound wall. The petitioner had given Ext.P8 reply. It is
submitted that no orders have been passed after the
receipt of the objection of the petitioner. The learned
counsel appearing for the second respondent submits that
the second respondent will hear the petitioner and the
other affected parties and take an appropriate decision in
the matter. The learned counsel for the petitioner submits
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that the copy of the alleged complaint has not been
served on her.
2. The second respondent - Panchayat shall serve a
copy of the complaint and other materials relied on for
issuing Ext.P7 to the petitioner within two weeks from
today. The petitioner may file additional objections, if any,
to the Panchayat within two weeks thereafter. A decision
shall be taken by the second respondent within six weeks
with notice to the petitioner and other affected parties, in
accordance with law. Since a status quo order was granted
by this Court on the admission of the writ petition, the
status quo as of today shall be maintained for a period of
two months from today.
The Writ petition is disposed of as above."
4. This Court, in the above judgment, directed the
Panchayat to serve a copy of the complaint and other
materials relied on for issuing Ext.P7 to the petitioner and
the petitioner was allowed to file additional objections and
further a decision is directed to be taken within six weeks
with notice to the petitioner and other affected parties.
The grievance of the petitioner is that, without passing
orders, the impugned notices were issued.
5. When this writ petition came up for consideration
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on 10.12.2025, this Court passed the following order:
"The 2nd respondent will file an affidavit before this
Court, whether the decisions in Ext.P10 judgment are
complied with or not. If no affidavit is filed before the next
posting date, the 2nd respondent will appear in person
before this Court. Post on 13.01.2026.
Issue a copy of this order to the Standing Counsel
appearing for the 2nd respondent, who shall communicate
the same to the 2nd respondent."
6. Now an affidavit is filed by the 2 nd respondent. It
will be better to extract the same:
"2. It is respectfully submitted that, in pursuance of the
order of the Hon'ble High Court, a notice bearing No. S2-
5660263 dated 01.11.2025 was issued to the petitioner
herein, directing her to appear in person for a hearing on
03.11.2025 at 11.00 a.m. at the office of the 2nd
respondent. A notice was also issued to the complainants
in the complaint filed against the petitioner concerning
the construction of the compound wall, directing them to
appear for the said hearing. A true copy of the notice
bearing No. S2-5660263 dated 01.11.2025 issued to the
petitioner is produced herewith and marked as Ext.R2(a).
In pursuance of the said notice, both parties appeared for
the hearing, during which the petitioner was directed to
produce all documents relating to the construction of the
compound wall as well as her title and property
documents. However, the petitioner neither produced the
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said documents nor approached this respondent for
further proceedings thereafter. As per the records
available with this respondent, the petitioner has not
obtained any permit for the construction of the compound
wall from the office of the respondent, as mandated under
the Panchayat Raj Act. The averment that the petitioner
had produced the documents before this respondent and
that this respondent refused to accept the same is false,
incorrect, and hence specifically denied.
3. It is respectfully submitted that only upon
verification of the relevant documents, this respondent
can arrive at a final decision in the matter. Hence, it is
humbly prayed that this Hon'ble Court may be pleased to
direct the petitioner to produce all documents pertaining
to her property, along with the permit obtained for the
construction of the compound wall, if any, in accordance
with law."
7. According to the Panchayat, the relevant
documents are not produced by the petitioner. According
to the petitioner, the documents are produced. I don't
want to make any observation about the same. This Court
directed to take a decision after getting the documents. In
such circumstances, according to me, a consequential
order is to be passed by the 2 nd respondent based on
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Ext.P10.
Therefore, this Writ Petition is disposed of, directing
the 2nd respondent to pass appropriate orders, as directed
in Ext.P10, within a period of one month from the date of
receipt of a certified copy of this judgment. Till then, the
status quo as on today, will continue.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 21.01.2026
Judgment dictated 21.01.2026
Draft Judgment placed 21.01.2026
Final Judgment uploaded 22.01.2026
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APPENDIX OF WP(C) NO. 44820 OF 2025
PETITIONER EXHIBITS
Exhibit P 1 TRUE COPY OF THE PARTITION DEED NO.
2139/1971, SRO AROOKUTTY
Exhibit P 2 TRUE COPY OF THE SALE DEED NO. 89/2023,
SRO KUTHIYATHODE
Exhibit P 3 TRUE COPY OF THE LAND TAX RECEIPT
BEARING NO. KL04020202336/2023 DATED
21.03.2023 ISSUED BY THE THIRD
RESPONDENT
Exhibit P 4 TRUE COPY OF THE POSSESSION CERTIFICATE
BEARING NO. 76887628 DATED 21.03.2023
ISSUED BY THE THIRD RESPONDENT
Exhibit P 5 TRUE COPY OF THE LAND IDENTIFICATION
DETAILS ISSUED BY THE AGRICULTURAL
OFFICER, KRISHI BHAVAN, AROOR,
ALAPPUZHA
Exhibit P 6 TRUE PHOTOGRAPHS OF THE PROPERTY
EVIDENCING THE LIE OF THE PROPERTY
Exhibit P 7 TRUE COPY OF THE NOTICE NO. S2-
3412/2022 DATED 17.03.2023 ISSUED BY
THE SECOND RESPONDENT IN FAVOUR OF THE
PETITIONER HEREIN
Exhibit P 8 TRUE COPY OF THE REPLY DATED 22.03.2023
ISSUED BY THE PETITIONER TO THE SECOND
RESPONDENT
Exhibit P 9 TRUE COPY OF THE WRIT PETITION (C)
11017 /2023(WITHOUT EXHIBIT)
Exhibit P 10 TRUE COPY OF THE JUDGMENT IN WPC NO.
11017/2023 DATED 26.06.2024
Exhibit P 11 TRUE COPY OF THE ADOPTION ORDER NO.
DCEKM/261/2025-M8 DATED 06.02.2025
Exhibit P12 TRUE COPY OF THE NOTICE DATED
25.04.2025 IS PRODUCED
Exhibit P 13 TRUE COPY OF THE CONTEMPT OF COURT CASE
- CON.CASE (C) NO. 2234/2025(WITHOUT
ANNEXURES)
Exhibit P 14 TRUE COPY OF THE JUDGMENT IN CON. CASE
NO. 2234/2025 DATED 05.11.2025
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Exhibit P 15 TRUE COPY OF THE APPLICATION ALONG WITH
DOCUMENTS PRODUCED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT DATED
05.11.2025
RESPONDENT EXHIBITS
Exhibit R2 (a) A true copy of the notice bearing No.
5660263 dated 01.11.2025 issued to the
petitioner
