2026 Supreme(Online)(Ker) 21145
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SOBHANA M.K – Appellant
Versus
UNNIKULAM GRAMA PANCHAYATH – Respondent
WP(C) NO. 5180 OF 2026
Important Points
Subject
Civil - Writ Petition
Act Referred
Kerala Paddy Land and Wetland Conservation Act
Headnote
For the Appellants/Petitioners: SRI.SANTHARAM.P, SMT.REKHA ARAVIND, SRI.P.G.GOKULNATH, SHRI.S. RAMGOPAL, SMT.ANGEL CHERPANATH
| Table of Content |
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| 1. challenges regarding construction notices under kerala rules. (Para 1) |
| 2. court allows application for construction regularisation. (Para 2) |
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"1. Issue a writ of Certiorari or any other appropriate writ, order or direction quashing Exhibit P4 Notice dated 17.07.2023, Exhibit P8 Notice dated 11.12.2024 and Exhibit P9 Notice dated 01.11.2025 issued by the 2nd respondent, as illegal, arbitrary and violative of the provisions of the Kerala Panchayat Building Rules , 2011.
2. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to accept and consider Exhibit P3 completion plan submitted by the petitioners and to finalise the same, after taking note of the explanations and documents produced by the petitioners, within a time limit to be fixed by this Hon’ble Court.
3. Declare that the petitioners are entitled to the benefit of Rule 97A and Rule 64 of the Kerala Panchayat Building Rules , 2011, in respect of the reconstruction carried out in the subject property, and that the alleged defects cited in Exhibits P4, P8 and P9 are unsustainable in law.
4. Issue a writ of Mandamus directing the 2nd respondent to grant occupancy certificate and assign building, forthwith or within a time frame fixed by this Hon’ble Court.
5. Declare that the reliance placed by the 2nd respondent on the provisions of the Kerala Paddy Land and Wetland Conservation Act , 2008 in Exhibits P4, P8 and P9 is illegal and contrary to Exhibit P13 Circular No. 406/R.A.1/2018 dated 13.08.2018, since the land stands converted prior to 30.12.2017.
6. To dispense with translation of documents in Malayalam.
7. Issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the interests of justice."
[SIC]
2. This Writ Petition is filed challenging Exts.P4, P8 and P9 notices. When this Writ Petition came up for consideration, the counsel appearing for the petitioners submitted that the petitioners may be allowed to submit an application for regularisation of the construction and there may be a direction to consider the same. I think that prayer can be allowed on condition that the same is permissible by law.
Therefore, this Writ Petition is disposed of in the following manner:
1. The petitioners are free to submit appropriate application for regularisation, if it is permissible by law, within one month from the date of receipt of a certified copy of this judgment.
2. If such an application is filed, the competent authority of the respondents will consider the same and pass appropriate orders in it after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of the application.