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2026 Supreme(Online)(Ker) 14475

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
N.K. CHELLAMMA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 5392 OF 2020



Advocates:
For the Appellants/Petitioners: SRI.MILLU DANDAPANI, SRI.PREMCHAND R.NAIR
For the Respondents: SRI.D.AJITHKUMAR, SRI.SHABU SREEDHARAN, SHRI.NITIN RAJAN NAIR, SMT.T.MANASY, SHRI.UNAIS K.P., SMT.RADHIKA U.

The disposal of a writ petition does not prevent a petitioner from making additional requests for accommodation, which must be considered in accordance with law.

Headnote:This judgment pertains to a writ petition filed to quash Exts.P4 and P6 concerning proceedings initiated for removing encroachment by the Panchayat. The court directed the petitioner to submit a representation to the Panchayat. The respondent's counsel indicated non-availability of accommodation. The court concluded that no further action is required in this writ petition. The court framed an issue regarding the accommodation for the petitioner and the non-viability of the request made. The court reasoned that the disposal of the petition does not hinder further requests for suitable accommodation to the additional respondent. Ultimately, the writ petition was closed, emphasizing the petitioner’s right to seek accommodation from the additional respondent, ensuring due consideration under the law.

Table of Content
1. background of the writ petition regarding property encroachment. (Para 2)
2. decision regarding lack of accommodation for the petitioner. (Para 3)

JUDGMENT

Dated this the 24th day of February, 2026 Above writ petition is filed seeking to quash Exts.P4 and P6, wherein proceedings were initiated by the respondent Panchayat to remove encroachment into the property of the Panchayat.

2. When the matter came up for consideration on

19.11.2025, this Court directed the petitioner to submit a representation before the 2nd respondent and directed the 2nd respondent to take a decision on the matter, taking into consideration the submission made by the learned Counsel for the petitioner that the petitioner has been running the milma booth for almost 35 years.

3. The learned Counsel for the 2nd respondent submits that a decision has been taken, and submits that the request cannot be considered since there is no vacant place available to accommodate the petitioner.

In view of the above, nothing survives in this writ petition, and accordingly the same is closed. It is made clear that the disposal of the writ petition will not stand in the way of the petitioner making necessary request before the additional 4th respondent for a suitable accommodation, and if filed, the same shall be considered and disposed of by the additional 4th respondent in accordance with law. Sd/-

VIJU ABRAHAM JUDGE sbk/-

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