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2026 Supreme(Online)(Ker) 4374

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
RAPHEL @ RAPPAI – Appellant
Versus
AYYAMPUZHA GRAMA PANCHAYATH – Respondent
WP(C) NO. 23376 OF 2024



Advocates:
For the Appellants/Petitioners: SHRI.GEORGE SEBASTIAN
For the Respondents: SHRI.K.S.ARUN KUMAR, SMT.BHANU THILAK, SHRI.VISHNU.R, SHRI.S.R.PRASANTH, SRI T NAVEEN, SC GP, SRI K JANARDHANA SHENOY

The court emphasizes the obligation to act swiftly on regulatory applications according to statutory directives.

Headnote:This writ petition seeks a mandamus directing the respondents to halt food manufacturing and distribution activities conducted by the 9th respondent, following interim orders preserving status quo. The court concludes that the Panchayat must expedite proceedings related to a regularization application under Section 235 W of the Kerala Panchayat Raj Act, 1994. The court extends interim relief and mandates timely processing of the petitioner's application. "The order dated 17.12.2024 is retained."

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i. To issue a writ of mandamus, order or direction to respondents 1 and 2 to stop the food manufacturing activities being done in the building referred to in Ext P3 and to demolish the said building immediately.

ii. To issue a writ of mandamus, order or direction to the

3rd respondent to stop the food manufacturing and distribution activities carried out by the 9th respondent.

iii. To issue a writ of mandamus, order or direction to the

7th respondent to ensure that no packing activity is being done by the 9th respondent or anybody under him in violation of the Legal Metrology (Packaged Commodities) Rules of

2011.

iv. To issue a writ of mandamus, order or direction to the

8th respondent to ensure that no packing activity is being done by the 9th respondent or anybody under him in violation of Food Safety And Standards (Licensing And Registration Of Food Businesses), Regulations 2011.

v. To Dispense with the translation of the vernacular documents.

vi. To grant such other reliefs as this Honourable Court may deem fit and proper.”[SIC]

2. The main prayer in this Writ Petition is to issue appropriate direction to the 3rd respondent to stop food manufacturing and distribution activities carried out by the

9th respondent in the building referred to in Ext.P3.

3. When this Writ Petition came up for consideration before this Court on 17.12.2024, this Court passed the following order:

“There shall be an interim order to the effect that, the respondents 1 and 2 shall ensure that the 9th respondent is carrying out the activities in the building and premises referred to in Ext.P2 alone.”

4. Now, both sides submitted that Ext.P6 provisional order is passed by the Panchayat in accordance with Section

235 W of the Kerala Panchayat Raj Act , 1994.

5. The counsel appearing for the party respondents submitted that a regularisation application is filed before the Panchayat, and the Panchayat is not taking any action in it.

6. I make it clear that the Panchayat is free to consider the regularisation application in accordance with the law, if the same is pending as on today. As far as Ext.P6 order is concerned, the Panchayat will conclude the proceedings within a time frame, and till then the interim order dated 17.12.2024 can be retained.

Therefore, this Writ Petition is disposed of in the following manner:

1. The order dated 17.12.2024 is retained.

2. The 1st and 2nd respondents are directed to proceed with Ext.P6 in accordance with the law and conclude the proceedings, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of this judgment.

3. If any regularisation application filed by respondents 9 and 10 is pending, the same will be considered, after giving an opportunity of hearing to the petitioner and respondents 9 and 10, within a period of one month from the date of receipt of a certified copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

Judgment reserved NA

Date of Judgment 28.01.2026

Judgment dictated 28.01.2026

Draft Judgment placed 28.01.2026

Final Judgment uploaded 29.01.2026

APPENDIX OF WP(C) NO. 23376 OF 2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PROGRESS NOTES DATED

04.03.2024 ISSUED IN RESPECT OF THE PETITIONER FROM THE AMRITA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTER, ERNAKULAM EXHIBIT P2 A TRUE COPY OF THE LICENSE ISSUED BY THE

2ND RESPONDENT DATED 06.05.2024 TO THE

9TH RESPONDENT EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION DATED

14.05.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION DATED

11.02.2024 ISSUED BY THE 4TH RESPONDENT TO RESPONDENTS 2 AND 3 EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED

03.04.2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT EXHIBIT P6 A TRUE COPY OF THE PROVISIONAL ORDER DATED 26.07.2024 BEARING NO. 569/24 ISSUED BY THE 2 ND RESPONDENT TO THE 9 TH RESPONDENT EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION DATED

12.07.2024

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