Vijayan vs Chowannur Grama Panchayat
2026 Latest Caselaw 644 Ker

Citation : 2026 Latest Caselaw 644 Ker
Judgement Date : 21 January, 2026

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Kerala High Court

Vijayan vs Chowannur Grama Panchayat on 21 January, 2026

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

W.P.(C) No.44174 of 2024




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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. 44174 OF 2024


PETITIONER(S):

              VIJAYAN,
              AGED 70 YEARS, S/O AYYAR , KANDANKULANGARA HOUSE,
              VELLITHIRUTHI, MARUNTHANCODE P.O, THRISSUR, KERALA,
              PIN - 680604

              BY ADVS.
              SRI.P.MOHAMED SABAH
              SRI.LIBIN STANLEY
              SMT.SAIPOOJA
              SRI.SADIK ISMAYIL
              SMT.R.GAYATHRI
              SRI.M.MAHIN HAMZA
              SHRI.BENSON AMBROSE
              SHRI.ALWIN JOSEPH

RESPONDENT(S):

      1       CHOWANNUR GRAMA PANCHAYAT,
              CHOVANOOR P.O, THRISSUR, REPRESENTED BY SECRETARY,
              PIN - 680517

      2       SECRETARY,
              CHOVANNUR GRAMA PANCHAYAT, CHOVANOOR P.O, THRISSUR,
              PIN - 680517


              BY ADV.
              SHRI.R.RAJPRADEEP, SC


          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.44174 of 2024




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                           P.V.KUNHIKRISHNAN, J.
                    ---------------------------------------------
                         W.P.(C) No.44174 of 2024
                ------------------------------------------------------
                  Dated this the 21st day of January, 2026

                                   JUDGMENT

The above writ petition is filed seeking the following

reliefs:

"(i) Issue a Writ of Certiorari or any other appropriate Writ to call for the records that led to the issuance of Exhibit P10 Show Cause Notice and Exhibit P13 Order and to set aside the same.

(ii) Dispense with the filing of the translation of vernacular documents produced along with this Writ Petition,

(iii) Grant such other reliefs as this Honourable Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition." [SIC]

2. The petitioner is aggrieved by Ext.P13 order. The

short point raised by the petitioner is that Ext.P10 is the show

cause notice, which leads to Ext.P13. In Ext.P10, eight defects

are noted. Without considering the same, on a new ground,

Ext.P13 is issued is the grievance. Hence, this writ petition is

filed.

3. Heard the learned counsel appearing for the

petitioner and the learned Standing Counsel for the Panchayat.

4. This Court perused Exts.P10 and P13. There is some

2026:KER:5256

force in the argument of the petitioner. But, some of the

matters mentioned in the show cause notice is mentioned in

Ext.P13 also. Whatever that may be, I am of the considered

opinion that one more opportunity should be given to the

petitioner about the defects mentioned by the Panchayat. To

facilitate the Panchayat to reconsider the matter, Ext.P13 can be

set aside.

Therefore, this Writ Petition is disposed of with the

following directions:

1. Exhibit P13 order is set aside.

2. The 2nd respondent is directed to reconsider the

matter, after giving an opportunity of hearing to

the petitioner, as expeditiously as possible, at any

rate, within a period of three months 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 23 .01.2026

2026:KER:5256

APPENDIX OF WP(C) NO. 44174 OF 2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SITE APPROVAL AND BUILDING PERMIT DATED 05.07.2022 ISSUED BY THE FIRST RESPONDENT PANCHAYAT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE CHALLANS DATED 23.11.2022 Exhibit P3 TRUE COPY OF THE ORDER DATED 29.11.2022 PASSED BY THE DISTRICT GEOLOGIST Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 02.12.2022 SUBMITTED BY THE SON OF THE PETITIONER BEFORE THE KUNNAMKULAM POLICE STATION Exhibit P5 THE TRUE COPY OF THE RECEIPT DATED 03.12.2022 ISSUED BY THE KUNNAMKULAM POLICE STATION Exhibit P6 THE TRUE COPY OF THE STOP MEMO DATED 03.12.2022 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED 23.01.2024 IN WP(C) NO. 39956/2022 PASSED BY THIS HONOURABLE HIGH COURT Exhibit P8 THE TRUE COPY OF THE COMMUNICATION DATED 07.10.2024 ISSUED BY THE RESPONDENT NO.2 TO THE PETITIONER Exhibit P9 THE TRUE COPY OF THE MEMORANDUM OF WRIT PETITION NO. 39016/2024 PENDING BEFORE THIS HONOURABLE HIGH COURT Exhibit P10 THE TRUE COPY OF THE SHOW CAUSE NOTICE DATED 16.11.2024 SEND BY THE SECOND RESPONDENT TO THE PETITIONER Exhibit P11 THE TRUE COPY OF THE REPLY TO THE SAID SHOW CAUSE NOTICE DATED 25.11.2024 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT SECRETARY Exhibit P12 THE TRUE COPY OF THE COUNTER AFFIDAVIT IN W.P.(C) NO. 39956/2022 FILED BY RESPONDENTS

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Exhibit P13 THE TRUE COPY OF THE ORDER, ISSUED BY RESPONDENT NO.2, DATED 02.12.2024 REVOKING EXHIBIT P1 BUILDING PERMIT RESPONDENT EXHIBITS

Exhibit R2(a) A true copy of the G.O. (Rt) No. 1795/2021/LSGD dated 18/09/2021 Exhibit R2(b) A true copy of the order of the Director of Panchayats directing the Panchayat to recieve the building permit applications through online mode only