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Kerala High Court

Khamarunnisa vs State O Kerala on 20 January, 2026

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                                           2026:KER:4522



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947

                         WP(C) NO. 2074 OF 2026

PETITIONER/S:

          KHAMARUNNISA
          AGED 54 YEARS
          SPOUSE OF ABDUL HAMEED
          CHITTAKKAT HOUSE, PUTHIYAVILA P.O., KAYAMKULAM,
          ALAPPUZHA DISTRICT, PIN - 690531


          BY ADVS.
          SHRI.PRAMOD J.DEV
          SRI.JAYAPRAKASH NARAYANAN
          SHRI.SASI A.



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
          DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,
          STATE SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

    2     THE DISTRICT COLLECTOR
          COLLECTORATE, FIRST FLOOR, CIVIL STATION,
          ALAPPUZHA DISTRICT, PIN - 688001.

    3     THE BLOCK DEVELOPMENT OFFICER
          BLOCK DEVELOPMENT OFFICE, MUTHUKULAM,
          ALAPPUZHA DISTRICT, PIN - 690506.


          SMT.DEEPA V, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                     2026:KER:4522
WP(C) NO. 2074 OF 2026                  2



                          P.V. KUNHIKRISHNAN, J.
                   -----------------------------------------------
                          W.P.(C) No.2074 of 2026
                   -----------------------------------------------
                Dated this the 20th day of January, 2026

                                   JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

i) a writ of mandamus or such other writ, direction or order directing the first respondent to consider and take appropriate action on Exhibit P5 representation pending as expeditiously as possible and at any rate within a time frame to be stipulated by this Hon'ble Court;
ii) An order allowing the petitioner to file the Writ Petition (Civil) with vernacular documents and granting time to file English translation of the same as and when it becomes necessary;
iii) such other writ or direction as is prayed for pendente lite by the petitioner and as is deemed fit and proper by this Hon'ble Court.

2. The petitioner and her husband availed a loan under the PMAY Scheme. The husband of the petitioner is no more. Now, the petitioner is not in a position to repay the amount is the submission. The petitioner submitted Ext.P5 representation before the 1st respondent. The limited prayer of the petitioner is to 2026:KER:4522 WP(C) NO. 2074 OF 2026 3 consider Ext.P5.

3. Heard the learned counsel for the petitioner and the learned Government Pleader.

4. After hearing both sides, without expressing anything on merits, there can be a direction to the 1 st respondent to consider Ext.P5.

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

i. The 1st respondent is directed to consider Ext.P5 after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment.
ii. The petitioner will produce the certified copy of this judgment along with the copy of the writ petition before the 1 st respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN JUDGE Sru 2026:KER:4522 WP(C) NO. 2074 OF 2026 4 APPENDIX OF WP(C) NO. 2074 OF 2026 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE DEATH CERTIFICATE DATED 01.11.2025 ISSUED BY THE ARPOOKKARA GRAMAPANCHAYATH Exhibit P2 A TRUE COPY OF THE SALE DEED NO.589 OF 2018 OF THE SUB REGISTRAR'S OFFICE, KEERIKKAD Exhibit P3 A TRUE COPY OF THE AGREEMENT DATED 21.10.2022 EXECUTED BY THE HUSBAND OF THE PETITIONER AND HERSELF BEFORE THE THIRD RESPONDENT Exhibit P4 A TRUE COPY OF THE GO (ORDINARY) NO.1185/2024/LSGD DATED 01.07.2024 ISSUED BY THE FIRST RESPONDENT Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 18.12.2025 SENT BY THE PETITIONER Exhibit P6 TRUE COPY OF THE ACKNOWLEDGMENT CARD RECEIVED BY THE PETITIONER