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2026 Supreme(Online)(Ker) 34374

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
Premarajan V.V. – Appellant
Versus
State Of Kerala – Respondent
WP(C) NO. 19463 OF 2026



Advocates:
For the Appellants/Petitioners: L.Rajesh Narayan, Keerthana Sariga T.S.
For the Respondents: Mohammad Savad, M.Meena John

A Writ of Mandamus can be issued to command a statutory authority to discharge its public duty by considering a pending complaint alleging building regulation violations within a specified timeframe, ensuring observance of natural justice.

Headnote:The petitioner filed this writ petition alleging unauthorised construction by the fifth respondent, citing violations of the Kerala Municipality Building Rules, 2019. The court considered the request for a mandamus to direct the third respondent to address a pending complaint regarding building permit compliance and site access width. The finding of the court is that the local authority should dispose of the grievance after observing natural justice. The main issue is whether the statutory authority is duty-bound to consider a complaint regarding building rule violations. The Ratio Decidendi involves the court's jurisdiction to direct the consideration of pending representations to ensure administrative accountability and compliance with building regulations without adjudicating the merits of the construction at the initial stage. The writ petition is disposed of with a directive to the third respondent to pass appropriate orders on the complaint after providing an opportunity of hearing to the concerned parties within six weeks.

Table of Content
1. allegation of unauthorized construction and failure of authority to address a complaint. (Para 2)
2. court intervention to mandate a statutory authority to consider a complaint within a specified timeframe. (Para 3 , 4)

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ in the nature of mandamus or any other appropriate, order or direction commanding the 3rd respondent to forthwith consider and pass orders on Ext.P4 complaint submitted by the petitioner after hearing the petitioner and at any rate within a time frame to be fixed by this Hon’ble Court;

ii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to conduct a site inspection before taking a decision on Ext.P4, with notice to the petitioner and affected parties;

iii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to verify whether the mandatory access width prescribed under Rules 28 and 33 of the Kerala Municipality Building Rules, 2019 actually exists on the ground and to take consequential action including suspension/revocation of the permit in the event of non-compliance;

iv. Dispense with filing of translation of vernacular documents;

v. Issue any such other writ, direction or orders, which this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case.

(SIC)

2. According to the petitioner, an unauthorised construction of a large scale residential building is being constructed by the 5th respondent, in violation of the provisions of the Kerala Municipality Building Rules, 2019. The petitioner submitted Ext.P4 before the 3rd respondent. The same is not considered is the grievance.

3. Heard the learned counsel for the petitioner and the learned Government Pleader. I also heard the learned Standing Counsel for the Corporation. The manner in which this writ petition is going to be disposed of, no notice is necessary to the 5th respondent. If the 5th respondent is aggrieved by any of the directions issued by this Court, they are free to file a review petition.

4. Since the petitioner narrated his grievance in Ext.P4 before the 3rd respondent, there can be a direction to consider the same within a time frame, with notice to the 5th respondent.

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

1. The 3rd respondent is directed to consider and pass appropriate orders in Ext.P4, after giving sufficient opportunity of hearing to the petitioner and the 5th respondent, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a certified copy of this judgment.

2. The petitioner will produce a certified copy of this judgment, along with a copy of this Writ Petition with exhibits, before the 3rd respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE JV

Judgment reserved NA
Date of Judgment 09.06.2026
Judgment dictated 09.06.2026
Draft Judgment placed 09.06.2026
Final Judgment uploaded 09.06.2026
APPENDIX OF WP(C) NO. 19463 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 24.10.2025 NO.BP/107384/2026 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 24.3.2025 ISSUED BY THE DEPARTMENT OF FIRE AND RESCUE SERVICES Exhibit P3 TRUE COPY OF THE CONSENT TO ESTABLISH DATED 21.3.2025 ISSUED BY THE POLLUTION CONTROL BOARD Exhibit P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 8.5.2026 BEFORE THE

3RD RESPONDENT

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