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2026 Supreme(Online)(Ker) 13189

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
IDA SAROJAM – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.D.SAJEEV, SMT.RICHU THERESA ROBERT
For the Respondents: SRI.ARUN THOMAS, SRI.D.KISHORE, SHRI.ABRAHAM JOSEPH MARKOS, SHRI.REJI MATHEW.M, SRI.V.ABRAHAM MARKOS, SRI.ISAAC THOMAS, SRI.P.G.CHANDAPILLAI ABRAHAM, SHRI.ALEXANDER JOSEPH MARKOS, SHRI.JOHN VITHAYATHIL, SHRI.N.SAJU THOMAS, SHRI.MATHEW VARGHESE, SHRI.MATHEWS K. NELLUVELY, SHRI.JOEL REJI MATHEW, SHRI.ANDREW MATHEWS, SMT.MEERA GOPINATH, SHRI.ANANT KISHORE

Table of Content
1. petitioner seeks construction permit for retaining wall. (Para 2)
2. opponents argue illegal construction; claim need for consent. (Para 5 , 10 , 11 , 12)
3. court reviews submitted reports; identifies building violations. (Para 6 , 7 , 8 , 9)
4. decision requires civil proceedings; writ petition dismissed. (Para 18 , 21 , 22 , 23)

JUDGMENT

The petitioner filed this writ petition under Article 226 of the Constitution of India seeking the following reliefs:

ii) To issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the 4th respondent to issue permit for construction of Geocell retaining wall as suggested in Ext.P6 sketch and plan prepared by the Department of Civil Engineering, National Institute of Technology, Karnataka, after taking note of Ext.P4 permit already granted for construction, as expeditiously as possible.

2. The pleadings in the writ petition succinctly stated are as follows:

2.1. In the meanwhile the petitioner has approached NIT, Suratkal, Mangalore, and they have visited the site and prepared a preliminary report to strengthen the area. During the pendency of W.P(C) No.4700 of 2023 final report was prepared

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