Kerala High Court
Sukumari B vs Thiruvananthapuram Municipal ... on 20 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.8867 of 2025
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2026:KER:15949
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
WP(C) NO. 8867 OF 2025
PETITIONER/S:
1 SUKUMARI B.,
AGED 68 YEARS
W/O. PRABHAKARAN , VALIVILAKATHU VEEDU, KUDAVOOR,
BANK ROAD, ANAYARA P.O, THIRUVANANTHAPURAM, PIN -
695029
2 PRIYA PRABHAKARAN,
AGED 34 YEARS
D/O. PRABHAKARAN,VALIVILAKATHU VEEDU, KUDAVOOR, BANK
ROAD, ANAYARA PO, THIRUVANANTHAPURAM, PIN - 695029
BY ADV SRI.LIJU. M.P
RESPONDENT/S:
1 THIRUVANANTHAPURAM MUNICIPAL CORPORATION, REPRESENTED
BY ITS SECRETARY,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
2 THE SECRETARY,
THIRUVANANTHAPURAM MUNICIPAL CORPORATION,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
3 THE PROJECT OFFICER,
UPA CELL, THIRUVANANTHAPURAM MUNICIPAL
CORPORATION,VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN -
695033
4 THE ASSISTANT PROJECT OFFICER
UPA CELL, THIRUVANANTHAPURAM MUNICIPAL CORPORATION,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
W.P.(C) No.8867 of 2025
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BY ADV SHRI.SUMAN CHAKRAVARTHY, SC,
THIRUVANANTHAPURAM CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.8867 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.8867 of 2025
------------------------------------------------------
Dated this the 20th day of February, 2026
JUDGMENT
The above writ petition is filed with the following prayers:
"i) issue a writ of certiorari or any other appropriate writ or order and direction, set aside Ext.P4 and P7 and all further proceedings thereunder against the petitioners ;
ii) issue a writ of mandamus or other appropriate writ or order or direction directing the respondents to conduct a proper inquiry about the allegations in Ext.P4 notice and provide details to the petitioners at the earliest and kept in abeyance all coercive proceedings under Ext.P7 notice till then;
iii) to number the case by dispensing the translation of the documents produced by the petitioner in vernacular language;
and
iv) pass such other and further orders as are deemed fit and necessary in the interests of justice" (SIC)
2. The petitioners constructed a residential building in 3.50 cents of property bequeathed to them by the deceased husband of 1st petitioner, availing financial aid of Rs.4,00,000/- under the PMAY scheme during 2018 W.P.(C) No.8867 of 2025 4 2026:KER:15949 and they are residing in that building is the submission.
Thereafter, Ext.P4 notice was issued to them alleging that they have another residential building and financial aid under the above scheme was availed by suppressing the same and they have to refund the amount along with the interest. It is the definite case of the petitioners that they are not having any other residential house as alleged in Ext.P4. It is also the case of the petitioner that no details of such alleged residential building in the name of the petitioners is mentioned in Ext.P4 except a vague allegation. It is also submitted that, though the petitioners requested to conduct a proper enquiry based on Ext.P5, the same is also denied as per Ext.P6. Without such details of alleged residential building of the petitioners and without any proper enquiry, respondents are initiating recovery proceedings as against the petitioners by Ext.P7 is the grievance of the petitioners. Hence, this writ petition is filed.
3. Heard, the learned counsel appearing for W.P.(C) No.8867 of 2025 5 2026:KER:15949 the petitioners and the Standing Counsel for the Corporation.
4. The counsel for the petitioners reiterated the contentions raised in this writ petition. The Standing Counsel appearing for the 2nd respondent takes me through the counter affidavit filed by the 2 nd respondent. It will be better to extract paragraph Nos.6 and 13 of the above affidavit:
"6. It is submitted that the Vigilance Department (VACB) conducted a quick check based on the complaint filed by one Sri.Raghu.S against the house construction benefit given to the 1st petitioner under the PMAY(U)-Life Housing Scheme. In the vigilance quick check, it was found that while the 1st petitioner obtained Rs.4 lakhs as a beneficiary, under the PMAY(U)-Life Housing Scheme and while the construction of house in Anayara at Kadakampally Village was in progress, another house was constructed in the year 2019, owned by the 1 st petitioner in Oruvathilkotta at Kadakampally village without any financial aid from the Government. The Vigilance Quick-
Check Report dated 15.06.2022 is produced herewith and marked as Exhibit-R2(a). As per the said report of the Vigilance and Anti-Corruption Bureau, the benefit under the PMAY(U)-Life Housing Scheme was availed by the 1 st petitioner by suppressing the fact that she is having W.P.(C) No.8867 of 2025 6 2026:KER:15949 another property in her name. It is recommended by the Vigilance based on the clause(4) incorporated in the agreement, the benefit of Rs.4 lakhs availed by the 1 st petitioner is to be recovered with interest and an FIR has to be registered through the local Police.
13. It is submitted that the proceedings were initiated against the 1st petitioner based on clause (4) of Ext P3 agreement which clearly states that the beneficiary will be removed from the list upon violation of any condition in the contract and that the financial aid acquired by the beneficiary will have to be remitted back with interest to the 2 nd respondent. It has come out in enquiry that the 1st petitioner is the owner of building No.95/2975(2) along with the building No.93/188(1) obtained through the PMAY(U)-Life Housing Scheme. That being so, the contention of the petitioners that notice issued to the 1st petitioner directing to repay the amount acquired through PMAY(U)-Life Housing Scheme is without conducting sufficient enquiry and that the 1st petitioner does not own any other building other than those acquired through PMAY(U)-Life Housing Scheme is factually incorrect. The building certificate of building No.93/188(1) of Pettah ward in the name of the petitioners is produced herewith and marked as Exhibit-R2(e). The building certificate of building No.95/2975(2) of Anamugham ward belonging to the 1st petitioner is produced herewith and marked as Exhibit-R2(f)."
5. In the light of the above affidavit, the W.P.(C) No.8867 of 2025 7 2026:KER:15949 petitioners can submit their objection to Exts.P4 and P7 within a time frame and there can be a direction to consider the same with notice to the petitioners.
6. When this writ petition came up for consideration, this Court, as per order dated 06.03.2025 stayed all further proceedings based on Ext.P7 and that interim order is continuing even now. Considering the facts and circumstances of the case, that interim order can continue till final orders are passed in the representation, if any, submitted by the petitioners.
Therefore, this Writ Petition is disposed of with the following directions:
1. The petitioners are free to submit their objection to Exts.P4 and P7 before respondent Nos.1 to 3, within a period of three weeks from the date of receipt of a certified copy of this judgment.
2. If such a representation is received, the competent authority among respondent W.P.(C) No.8867 of 2025 8 2026:KER:15949 Nos.1 to 3 will give an opportunity of hearing to the petitioners and thereafter pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of the representation.
3. If the representation is submitted as directed above, further coercive steps based on Ext.P7 shall be kept in abeyance till final orders are passed in the representation.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 20.02.2026
Judgment dictated 20.02.2026
Draft Judgment placed 23.02.2026
Final Judgment uploaded 24.02.2026
W.P.(C) No.8867 of 2025
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APPENDIX OF WP(C) NO. 8867 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE WILL DATED 19.12.14
Exhibit P2 TRUE COPY OF THE BUILDING PERMIT DATED
27.12.2017 ISSUED BY THE RESPONDENT NO.2 Exhibit P3 TRUE COPY OF THE AGREEMENT DATED 08.02.18 FOR FINANCIAL AID UNDER P.M.A.Y SCHEME Exhibit P4 TRUE COPY OF THE NOTICE DATED 10.08.23 ISSUED BY THE ADDITIONAL SECRETARY, THIRUVANANTHAPURAM MUNICIPAL CORPORATION Exhibit P5 TRUE COPY OF THE OBJECTION DATED 12.09.23 ADDRESSED TO THE RESPONDENT NO.2 Exhibit P6 TRUE COPY OF THE REPLY DATED 30.10.23 ISSUED BY THE RESPONDENT NO.3 Exhibit P7 TRUE COPY OF THE NOTICE DATED 30.12.24 ISSUED BY THE RESPONDENT NO.4 RESPONDENT EXHIBITS Exhibit-R2(c) The complaint No.UPA 3/18455/2023 dated 10.08.2023 Exhibit-R2(d) The letter No.UPA 3/18455/2023 dated 10.08.2023 issued to the Nodal Agency Exhibit-R2(e) The building certificate of building No.93/188(1) dated 19.03.2025 of Pettah ward in the name of the petitioners Exhibit-R2(f) The building certificate of building No.95/2975(2) dated 19.03.2025 of Anamugham ward belonging to the 1st petitioner Exhibit-R2(g) The letter No.12219/N/2019/KSHO-1 dated 11.03.2024 issued by the Programme Officer (Urban) Kudumbasree State Mission to the 2nd respondent Exhibit-R2(a) The Vigilance Quick-Check Report dated 15.06.2022 Exhibit-R2(b) The letter No.LSGD/PD/39517/2023-VIGA2 dated 21.07.2023