Regulatory bodies must reconsider applications in light of applicable statutes ensuring compliance with statutory requirements.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 24^TH DAY OF MARCH 2026 / 3RD CHAITHRA, 1948 WP(C) NO. 8544 OF 2026 PETITIONER/S:

P.V SIDHEEK AGED 54 YEARS S/O VEERAVU PATTARUMADOM, M/S UN PLY AND BOARDS KADAVANTHARA ALLAPRA P.O, VENGOLA, ERNAKULAM, PIN -

683556 BY ADVS.

SHRI.PRAVEEN K. JOY SMT.MEGHA G.

SRI.E.S.SANEEJ SRI.M.P.UNNIKRISHNAN SRI.N.ABHILASH SMT.FATHIMA SHALU S.

SHRI.ALBIN VARGHESE SMT.ARCHANA VINOD SMT.LAKSHMI K.S.

SHRI.ABHIJITH V. PRASAD SHRI.ALTHAF AMEER SHRI.JOFFIN JOSEPH RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN - 695001

2 ENMAKAJE GRAMA PANCHAYATH CHERKALA - KALLADKA ROAD, PERLA, KASARAGOD REP BY ITS SECRETARY, PIN - 671552

3 THE SECRETARY ENMAKAJE GRAMA PANCHAYATH CHERKALA - KALLADKA ROAD, PERLA, KASARAGOD, PIN - 671552 OTHER PRESENT:

SMT.DEEPA V,GP,SMT.REENA ABRAHAM,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J –-------------------------------------

W.P.(C) No. 8544 of 2026 --------------------------------------

Dated this the 24^th day of March, 2026

JUDGMENT

The above writ petition is filed with following prayers :

i) “Issue a writ of certiorari, or other appropriate writ, orders or directions, to call for the entire records leading to the issuance of Ext.P16 order and to set aside the same, in the interest of justice.

i) To issue writ, order or direction in the nature of mandamus directing the 2nd respondent to accept the application of petitioner for license of the business in the building of the petitioner of UN Ply in continuation Ext P1 license and grant the same in tune with Ext.P1 to Ext.P15 and Ext.P19 Gazette Notification, in the interest of justice. iii) To dispense with the English Translation of the documents produced in vernacular languages.

iv) Grant such other and further reliefs as may be prayed for hereafter and deemed fit and proper by this Honourable court, in the interest of justice .” [sic]

2. The petitioner is a firm named “M/s. UN ply and Boards”. It is the case of the petitioner that he obtained ownership certificate from Enmakaje Grama Panchayath for building with No. UN 11/225D. It is the further case of the petitioner that the unit has obtained all necessary statutory licenses for plywood and veneer unit under the name “M/s. UN Ply and Boards”. It is also submitted that the petitioner has Order of KSEB, Sanitary Fitness Certificate, Udyam Registration Certificate, Consent to Operate, License of Factories and Boilers Department, Order issued by 3^rd respondent, Ownership certificate and all those were obtained as per Kerala MSME Act. The possession certificate was produced with the Panchayath. The petitioner received a letter from the 2^nd respondent stating that the land comes in the category of residential/agricultural purpose. The petitioner now relying Ext.P19 Gazette notification by which the Kerala Land Assignment (Regularisation of Contraventions) Rules, 2025 (for short 'Rules, 2025') is notified. The petitioner relying Rule 4 of the Rules, 2025. If that is the case, I think the Panchayath can be directed to reconsider the matter, in the light of Rule 4 of the Rules, 2025, if it is applicable. To facilitate the Panchayath to decide the matter afresh, Ext.P16 can be set aside.

Therefore, this writ petition is disposed of with the following directions :

1) Ext.P16 is set aside.

2) The 2^nd respondent is directed to reconsider the regularization application, in the light of Rule 4 of the Rules, 2025, if it is applicable, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a certified copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS