Kerala High Court
Jacob.P.J vs State Of Kerala on 17 March, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 26149 OF 2025
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2026:KER:24571
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 17TH DAY OF MARCH 2026 / 26TH PHALGUNA, 1947
WP(C) NO. 26149 OF 2025
PETITIONER/S:
JACOB.P.J
AGED 56 YEARS
S/O. JOSEPH, 206(1/140), PULAYAMPARA, VTC:
NELLIYAMPATHY, NELLIYAMPATHY.P.O., CHITTUR,
PALAKKAD DISTRICT, KERALA STATE, REPRESENTED BY HIS
POWER OF ATTORNEY HOLDER P.J.YOHANNAN, S/O. JOSEPH,
AGED 57 YEARS, RESIDING AT 3/389, PATTIYAKKARAN
HOUSE, THOOMBANA, VATTEKKAD POST, PALAKKAD
DISTRICT,, PIN - 678506
BY ADVS.
SHRI.SASI M.R.
SMT.N.P.SILPA
SMT.KAVYA KRISHNAN
SMT. MEENU MURALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY LOCAL SELF GOVERNMENT DEPARTMENT,
PRINCIPAL DIRECTORATE, SWARAJ BHAVAN, GROUND FLOOR,
NANTHANCODU, KOWDIAR.P.O, THIRUVANANTHAPURAM, PIN -
695003
2 DEPUTY DIRECTOR OF PANCHAYAT
CIVIL STATION, PALAKKAD., PIN - 678001
3 NELLIYAMPATHY GRAMA PANCHAYAT,
WP(C) NO. 26149 OF 2025
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2026:KER:24571
REPRESENTED BY ITS SECRETARY, NELLIYAMPATHY,
CHITTUR, PALAKKAD DISTRICT ., PIN - 678508
4 THE SECRETARY,
NELLIYAMPATHY GRAMA PANCHAYAT, REPRESENTED BY ITS
SECRETARY, NELLIYAMPATHY, CHITTUR, PALAKKAD
DISTRICT, PIN - 678508
5 JOHNSON.P.J,
AGED 59 YEARS
S/O. JOSEPH, PULAYAMPARA, VTC: NELLIYAMPATHY,
NELLIYAMPATHY.P.O., CHITTUR, PALAKKAD DISTRICT,
KERALA STATE,, PIN - 678508
BY ADV SHRI.K.J.MANU RAJ
GP SMT PREETHA K K, SRI NIREESH MATHEW, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 26149 OF 2025
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P.V.KUNHIKRISHNAN, J.
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WP(C) No. 26149 of 2025
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Dated this the 17th day of March, 2026
JUDGMENT
The above Writ Petition is filed with the following reliefs:
"i. To issue a writ of certiorari to the respondents 2 to 4 and to call for the relevant records leading to the transfer of ownership of the two storied building bearing No V/96, Mid land Residency, Pulayampara, VTC:
Nelliyampathy, Nelliyampathy.P.O of Nelliyampathy Grama Panchayat, including the residential portion, and set aside the transfer of ownership to the 5th respondent.
ii. To issue a writ of mandamus or any other writ or direction to the respondents 3 and 4 to restore the ownership of the two storied building No. V/96, including the residential portion of Mid land Residency, Pulayampara, VTC: Nelliyampathy, Nelliyampathy.P.O in the name of the legal heirs of late Joseph and late Rosy, the parents of petitioner and 5 th respondent.
iii. To issue a Writ of mandamus or any other Writ, Order or direction to the respondents 1 and 2 to initiate departmental action against the then Panchayat Secretary who had fraudulently transferred the ownership WP(C) NO. 26149 OF 2025 4 2026:KER:24571 of the two storied bearing building No. V/96, Mid land Residency, Pulayampara, VTC:
Nelliyampathy, Nelliyampathy.P.O, in favour of the 5th respondent, without conducting proper enquiry.
iv. To dispense with English translation of Malayalam documents produced along with the Writ Petition.
v. To grant any other relief deem fit by this Hon'ble Court as per the facts and circumstance of the case."
2. When this Writ Petition came up for consideration, the counsel for the petitioner limits his prayer for consideration of Ext.P1 by respondent no.4.
3. Heard learned counsel for the petitioner, counsel for the Panchayat and the counsel appearing for the 5th respondent.
4. On hearing both sides, I think that the prayer can be allowed on condition that an opportunity of hearing will be given to the petitioner and the 5 th respondent.
Therefore, this Writ Petition is disposed of on following direction.
The 4th respondent is directed to consider Ext.P1 and WP(C) NO. 26149 OF 2025 5 2026:KER:24571 pass appropriate orders in it after giving sufficient opportunity of hearing to the petitioner, the 5 th respondent and other affected parties if any, as expeditiously as possible at any rate within 2 months from the date of receipt of a certified copy of this judgment.
sd/-
P.V.KUNHIKRISHNAN JUDGE Nsd WP(C) NO. 26149 OF 2025 6 2026:KER:24571 APPENDIX OF WP(C) NO. 26149 OF 2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE GRIEVANCE PETITION DATED 01.05.2025 SUBMITTED BY THE PETITIONER.
Exhibit P2 A TRUE COPY OF THE BUILDING TAX RECEIPT NO 99 DATED 25/05/2012 ISSUED BY NELLIYAMPATHY GRAMA PANCHAYAT Exhibit P3 A TRUE COPY OF THE RATION CARD BEARING NO.1947058826.
Exhibit P4 A TRUE COPY OF AADHAR CARD BEARING NO.2984 1777 4060 ISSUED TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE INDIAN PASSPORT BEARING NO. U 0428088 ISSUED TO THE PETITIONER FOR THE PERIOD OF 29/7/2019 TO 28/07/2029 Exhibit P6 A TRUE COPY OF VISA BEARING NO. ED 5112107 ISSUED TO THE PETITIONER Exhibit P7 A TRUE COPY OF THE PAN CARD BEARING NO.
AQVPJ6305N ISSUED TO THE PETITIONER Exhibit P8 A TRUE COPY OF THE INDIAN UNION DRIVING LICENSE NO. KL 70 20150003913 ISSUED TO THE PETITIONER.
Exhibit P9 A TRUE COPY OF THE BANK PASSBOOK IN A/C NO.339702010005817 OF THE UNION BANK OF INDIA, NENMARA-KAIKATTY BRANCH ISSUED TO THE PETITIONER Exhibit P10 A TRUE COPY OF DEATH CERTIFICATE DATED, 02.05.2011 ISSUED BY THE SUB REGISTRAR OF BIRTHS AND DEATHS, NENMARA GRAMA PANCHAYAT.
Exhibit P-11 A TRUE COPY OF PLAINT IN O.S.NO.40/2023 Exhibit P12 A TRUE COPY OF WRITTEN STATEMENT DATED, 15TH NOVEMBER, 2023 FILED BY THE 5TH RESPONDENT HEREIN IN THE ABOVE SUIT Exhibit P13 A TRUE COPY OF THE JUDGMENT DATED, 13.11.2023 IN O.S.NO.40/2023 ON THE FILE WP(C) NO. 26149 OF 2025 7 2026:KER:24571 OF ADDITIONAL SUB COURT, PALAKKAD Exhibit P14 A TRUE COPY OF JUDGMENT IN APPEAL SUIT NO.59 OF 2024 Exhibit P15 A TRUE COPY OF THE APPEAL MEMORANDUM IN RSA 118/2025.