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2025 Supreme(Online)(Ker) 49497

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MAR OSTHATHEOS CHARITIES – Appellant
Versus
THE KATTAKAMPAL GRAMA PANCHAYAT – Respondent
WP(C) NO. 31077 OF 2025



Advocates:
For the Appellants/Petitioners: unknown
For the Respondents: unknown

Judicial review of administrative decisions is limited when statutory remedies are available for aggrieved parties.

Headnote:(A) Kerala Panchayat Building Rules, 2019 - Rule 108 - Application to change occupancy status rejected by the Panchayat authority on statutory grounds; the petitioner retains the right to pursue statutory remedies via appeal. (Paras 2, 4)

(B) Writ Petition - Judicial review is not available when statutory appeal routes exist and are appropriate for resolving disputes.

Facts of the case:
A society constructed a building under a permit and faced opposition from local residents leading to a request for a change of occupancy that was rejected based on statutory rules.

Findings of Court:
The alternative statutory remedy was deemed appropriate for the grievance raised by the petitioner, leading to the dismissal of the writ petition.

Issues: The court examined the sufficiency of statutory remedies available against the decisions made by local authorities.

Ratio Decidendi: The existence of statutory remedies restricts the grounds for judicial review in the case of administrative decisions affecting local governance.

Result: Writ petition dismissed with reservation to pursue statutory remedies.

JUDGMENT

The writ petition is filed, inter alia, to quash Exts.

P18 and P20 orders passed by the respondents 2 and 3.

2. The petitioner is a Society, who has constructed a building as per Ext. P1 building permit. The respondents 4 and 5, who are on enimical terms with the petitioner, have filed complaints against the construction. To change the nature of the occupancy, the petitioner has preferred Ext. P9 request before the second respondent to use the assembly hall as a chapel. Thereafter, the third respondent issued Ext. P12 communication stating that the petitioner has unauthorisedly carried out additional constructions, which have to be regularised. The petitioner submitted Ext. P13 reply to Ext. P12 communication. After that, by Ext. P14 request, the petitioner had requested temporary permission to conduct their prayer meetings. Since the application was not considered, by Ext. P15 judgment, this Court had directed the respondents to take a decision in the matter. While so, by Ext. P18 decision, the second respondent has rejected the application. Based on Ext. P18 decision, the third respondent has issued Ext. P20 communication stating that the change of the occupation cannot be permitted. Exts. P18 and P20 are erroneous and arbitrary. Hence, the writ petition.

3. Heard; the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents 1 to 3. In view of the judgment, I propose to pass, I dispense with the notice to the respondents 4 and 5.

4. Indisputably, Exts. P18 and P20 orders have been passed rejecting the petitioner's application for change of occupation. The said orders squarely fall in the purview of Rule 108 of the Kerala Panchayat Building Rules, 2019 , which contemplates an alternative statutory remedy by preferring an appeal before the Tribunal for Local Self Government Institutions.

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