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Kerala High Court
P.A Francis vs Corporation Of Kochi on 27 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.15877 of 2025
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2026:KER:6631
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947
WP(C) NO. 15877 OF 2025
PETITIONER(S):
1 P.A FRANCIS,
AGED 72 YEARS, S/O P.T. ANTONY,ALAPATT PALATHINKAL
HOUSE, BANK ROAD, KALOOR, ERNAKULAM, PIN - 682017
2 ETTY FRANCIS,
AGED 65 YEARS, W/O P.A. FRANCIS, ALAPATT PALATHINKAL
HOUSE,BANK ROAD, KALOOR, ERNAKULAM, PIN - 682017
BY ADVS.
SHRI.PRAVEEN K. JOY
SRI.T.A.JOY
SRI.E.S.SANEEJ
SRI.M.P.UNNIKRISHNAN
SMT.FATHIMA SHALU S.
SRI.N.ABHILASH
SHRI.ALBIN VARGHESE
SMT.ABISHA.E.R
SMT.MEGHA G.
SMT.LAKSHMI K.S.
SHRI.ABHIJITH V. PRASAD
RESPONDENT(S):
1 CORPORATION OF KOCHI,
REP. BY SECRETARY, P B NO.1016, ERNAKULAM,
PIN - 682011
2 THE SECRETARY,
CORPORATION OF KOCHI, REP. BY SECRETARY, P B NO.1016,
ERNAKULAM, PIN - 682011
3 THE ASSISTANT EXECUTIVE ENGINEER,
TOWN PLANNING DIVISION,CORPORATION OF KOCHI,
ERNAKULAM, PIN - 682011
W.P.(C) No.15877 of 2025
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4 THE DISTRICT TOWN PLANNER,
DISTRICT TOWN PLANNING OFFICE, ECHAMUKU, KUNNUMPURAM,
PADAMUGHAL, KAKKANAD, KERALA, PIN - 682030
5 COMMITTEE,
FOR REGULARIZATION OF UNAUTHORIZED CONSTRUCTION
CONSTITUTED UNDER RULE 6(9) OF THE KERALA
MUNICIPALITY BUILDING (REGULARIZATION OF UNAUTHORIZED
CONSTRUCTION) RULES 2018,ECHAMUKU, KUNNUMPURAM,
PADAMUGHAL, KAKKANAD, KERALA REP. BY CHAIRMAN,
PIN - 682030
BY ADVS.
GP, SMT DEEPA V
SRI.K.JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.15877 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.15877 of 2025
------------------------------------------------------
Dated this the 27th day of January, 2026
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"i. Issue a writ, order or direction in the nature of Mandamus or
other appropriate writ directing the 1st Respondent to take up
Exhibit P12 Application for regularisation and forward to the 5th
respondent in accordance with the Kerala Municipality Building
(regularization of unauthorized construction) Rules, 2018, within
a time limit fixed by this Hon'ble Court, in the interest of justice.
ii. To call for the entire records leading to the issuance of Ext P6
order and to set aside, in the interest of justice.
iii. To issue directions to the 5th respondent to consider the
application for regularization or to grant exemption submitted by
the petitioner and to complete entire proceedings expeditiously ,
in the interest of justice.
iv. Dispense with filing of the translation of vernacular
documents.
v. To Grant such other reliefs which this Hon'ble Court may
deem fit and proper in the interest of justice." [SIC]
2026:KER:6631
2. The main prayer in this writ petition is to issue a
direction to the 1st respondent to take up Ext.P12
application for regularization and forward the same to the
5th respondent in accordance with the Kerala Municipality
Building (regularization of unauthorized construction)
Rules, 2018.
3. Heard the learned counsel appearing for the
petitioners and the Standing Counsel appearing for the
Corporation. I also heard the learned Government Pleader.
4. After hearing both sides, I think the prayer of the
petitioner can be allowed.
Therefore, this writ petition is disposed of with the
following directions:
1. The 1st respondent is directed to consider
Ext.P12 application, if it is pending as on
today, as expeditiously as possible, at any
rate, within a period of two months from the
date of receipt of a certified copy of this
judgment.
2026:KER:6631
2. While deciding the matter, the 1 st
respondent will also take into consideration
Ext. P11, the consent given by the neighbour
of the petitioner's property.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 27.01.2026
Judgment dictated 27.01.2026
Draft Judgment placed 27.01.2026
Final Judgment uploaded 29 .01.2026
2026:KER:6631
APPENDIX OF WP(C) NO. 15877 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT
HAVING NO. KL07022206786/2024 DATED
15/05/2024 OF ERNAKULAM VILLAGE
Exhibit P2 TRUE COPY OF THE NOTICE DATED
09/10/2024
Exhibit P3 TRUE COPY OF THE REPLY DATED 22/10/2024
SUBMITTED BEFORE THE 3RD RESPONDENT
ALONG WITH RECEIPT
Exhibit P4 TRUE COPY OF THE NOTICE DATED
20/11/2024
Exhibit P5 TRUE COPY OF THE REPLY DATED 19/12/2024
SUBMITTED BEFORE THE 2ND RESPONDENT
ALONG WITH RECEIPT
Exhibit P6 TRUE COPY OF THE ORDER DATED 12/03/2025
Exhibit P7 TRUE COPY OF THE OBJECTION DATED
26/03/2025
Exhibit P8 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 09/12/2024
Exhibit P9 TRUE COPY OF THE PLAN DATED 18/08/2024
Exhibit P10 TRUE COPY OF THE NOC DATED 11/06/2024
Exhibit P11 TRUE COPY OF THE NOC DATED 08.04.2025
Exhibit P12 TRUE COPY OF THE APPLICATION FOR
REGULARISATION DATED NIL SUBMITTED
BEFORE BEFORE THE 5TH RESPONDENT
