[Cites 0, Cited by 0]
Kerala High Court
Assis C.I vs The District Collector on 21 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:5146
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. 45475 OF 2024
PETITIONERS:
1 ASSIS C.I.,
AGED 58 YEARS,
S/O. ISMAYIL, CHELLIPADATH HOUSE, BHRAMMAPURAM
KARA, ERNAKULAM DISTRICT, PIN - 682303.
2 BASHEER V.P,
AGED 45 YEARS,
S/O, PAREETH, VARIYATH HOUSE, PINARMUNDA,
ERNAKULAM DISTRICT, PIN - 683565.
BY ADVS.
SRI.PAUL K.VARGHESE
SMT.A.A.GEETHA
SMT.JALEEZA M.A.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
KAKKANAD CIVIL STATION, ERNAKULAM,
ERNAKULAM DISTRICT, PIN - 682030.
2 SMART CITY,
KAKKANAD BHRAMMAPURAM, ERNAKULAM DISTRICT,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PIN - 682303.
2026:KER:5146
WP(C) NO. 45475 OF 2024
2
3 INFOPARK,
KAKKANAD, ERNAKULAM DISTRICT, PIN - 682303,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
4 VADAVUCODE PUTHENCRUZ GRAMA PANCHAYAT,
PUTHENCRUZ, ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 682310.
5 THE SECRETARY,
VADAVUCODE PUTHENCRUZ GRAMA PANCHAYAT,
PUTHENCRUZ, ERNAKULAM DISTRICT, PIN - 682310.
6 THE TAHSILDAR,
PERUMBAVOOR TALUK OFFICE,
ERNAKULAM DISTRICT, PIN - 683542.
7 THE VILLAGE OFFICER,
PUTHENCRUZ VILLAGE, PUTHENCRUZ P.O.,
ERNAKULAM DISTRICT, PIN - 682308.
ADDL.R8 SPECIAL ECONOMIC ZONE,
KAKKANAD, ERNAKULAM DISTRICT-682 037, REPRESENTED
BY ITS DEVELOPMENT COMMISSIONER. (ADDL.R8 IS
IMPLEADED AS PER ORDER DATED 07.11.2025 IN IA
NO.4/2025 IN WP(C) NO.45475/2024).
BY ADVS.
GOVERNMENT PLEADER
SRI.VARGHESE K.PAUL
SHRI.M.GOPIKRISHNAN NAMBIAR
SHRI.K.S.ARUN KUMAR
SMT.KASHMEERA ASHRAF
SMT.SNEHA DIVAKARAN P.
SMT.ANAMIKA SASIKUMAR
SMT.HAIN MARY TOMY
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
SHRI.RAJA KANNAN
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
2026:KER:5146
WP(C) NO. 45475 OF 2024
3
OTHER PRESENT:
GP SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:5146
WP(C) NO. 45475 OF 2024
4
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No.45475 of 2024
-------------------------------
Dated this the 21st day of January, 2026
JUDGMENT
This Writ Petition is filed with the following prayers:
"i. issue a writ of Mandamus or other appropriate writ, order
or direction commanding the Panchayat to do all the
maintenance and tarring work of the Panchayat road by
name Maikarimugal Karakari Road said road based on Ext.
P5 decision dated 26.09.2024 forthwith.
ii. To dispense the production of the English translation or
Malayalam Exhibits, which is in vernacular language.
iii. Issue such other order or direction as may be necessary in
the facts and circumstances of the case." [SIC]
2. The petitioners are residing in Bhrammapuram
Kara near to Smart City, is the submission. Petitioners are the
members of Muhiyadeen Juma Masjid, Bhrammapuram. There is
a road owned by Puthencruz, the Vadavucode Grama Panchayat
named "Maikarimugal Karakari Road," which has a length of 60
meters and a width of 6 meters, is the submission. It is also
submitted that there is a Pandaram of the Mosque which lies on
the southern side of the above mentioned road, and said road
passes towards the Masjid and then turn towards the west and
leads to a public road. Apart from the petitioners and the Masjid
2026:KER:5146
WP(C) NO. 45475 OF 2024
members, others are also using this road, is the submission. It is
submitted that the road is in a dilapidated condition because of
lack of repair. Hence the petitioners and officials of the Masjid
approached the Panchayat, and Panchayat decided to repair the
road. At that stage, there is an objection from the 2 nd
respondent stating that the road belongs to them. The 2 nd
respondent relied on Ext.R2(a). In such situation, this Writ
Petition is filed.
3. Heard the learned counsel for the petitioner,
the learned Government Pleader, the learned Standing counsel
appearing for the 2nd respondent and also the learned counsel
appearing for the Panchayat.
4. After hearing both sides, it is clear that there is
a dispute about the ownership of the property. The petitioners
and the Panchayat says that its their road. The 2 nd respondent
submits that it is the road of the Smart City as per Exts.R2(a) to
R2(c). This Court cannot decide this issue.
5. I am of the considered opinion that the 1 st
respondent should decide this matter after giving an opportunity
of hearing to the petitioners, the Panchayat and the 2 nd
2026:KER:5146
WP(C) NO. 45475 OF 2024
respondent.
6. The learned counsel for the 2nd respondent
submitted that the 1st respondent is not the authority to decide
this matter. After hearing both sides, if the 1 st respondent feels
that he is not proper authority, the 1 st respondent will refer the
matter to the proper authority, in accordance with law.
Therefore, this Writ Petition is disposed of with the
following directions
i. The 1st respondent will give an opportunity of
hearing to the petitioners, 2nd and 3rd respondents
and the 4th and 5th respondent Panchayat and take
a decision about the ownership of the road in
dispute, within two months from the date of
receipt of a copy of this judgment.
ii. If the 1st respondent feels that he is not the proper
authority to decide this, the 1st respondent will
refer the matter to the authority concerned and
the authority concerned will decide the matter,
within two months from the date on which such a
proceeding is received from the 1st respondent.
2026:KER:5146
WP(C) NO. 45475 OF 2024
iii. All the contentions of the petitioners and the
respondents are left open. The petitioners and
respondent Nos. 2 and 3, 4 and 5 are free to
produce documents before the 1st respondent to
substantiate their case.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ANA
2026:KER:5146
WP(C) NO. 45475 OF 2024
APPENDIX OF WP(C) NO. 45475 OF 2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SKETCH OF THE ROAD.
EXHIBIT P2 TRUE COPY OF THE REPORT SUBMITTED BY
THE TAHSILDAR, KUNNATHUNAD TO THE
DISTRICT COLLECTOR, ERNAKULAM DATED
22.12.2022.
EXHIBIT P3 TRUE COPY OF THE REPORT OF THE VILLAGE
OFFICER, PUTHENCRUZ VILLAGE TO THE
SECRETARY VADAVUCODE GRAMA PANCHAYAT
DATED 1.9.2022.
EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE
PRESIDENT MUKHIYUDHEEN JUMA MASJID TO
THE SECRETARY VADAVUCODE PUTHENCRUZ
GRAMA PANCHAYAT DATED 20.9.2024.
EXHIBIT P5 TRUE COPY OF THE DECISION OF THE
VADAVUCODE PUTHENCRUZ GRAMA PANCHAYAT
DATED 26.9.2024.
RESPONDENT EXHIBITS
EXHIBIT-R4(A) A TRUE COPY OF LETTER NO. SC3/5366/24
ISSUED BY THE 5TH RESPONDENT TO THE 1ST
RESPONDENT DATED 01/10/2024.
EXHIBIT R2 (B) THE TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 27-3-2012 ISSUED BY
THE VILLAGE OFFICER, PUTHENCRUZ.
EXHIBIT R2 (A) THE TRUE COPY OF THE PROCEEDINGS OF THE
DISTRICT COLLECTOR, ERNAKULAM DATED 13-
3-2012.
EXHIBIT R2 (C) THE TRUE COPY OF THE OFFICE MEMORANDUM
NO.SO 666 (E) DATED 26/02/2014, ISSUED
BY MINISTRY OF COMMERCE AND INDUSTRY.
2026:KER:5146
WP(C) NO. 45475 OF 2024
EXHIBIT R2 (D) TRUE COPY OF THE LETTER DATED 10-10-
2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT R2 (E) THE TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT DATED 25-7-2022 TO THE 5TH
RESPONDENT.
EXHIBIT R2 (F) THE TRUE COPY OF THE LETTER DATED 24-
11-2022 ATTACHING THE REPORT FROM THE
VILLAGE OFFICER.
