Kerala High Court
K A Shaji vs Kochi Municipal Corporation ... on 12 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.5507 of 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
WP(C) NO. 5507 OF 2026
PETITIONER(S):
K A SHAJI
AGED 46 YEARS, S/O.ABOOBACKER KALLUNKAL HOUSE
MATTANCHERRY P O, PIN - 682002
BY ADVS.
SRI.ANTONY SHYJU
SRI.H.NUJUMUDEEN
SHRI.SUKU V.
SMT.SHERIN ACHU NINAN
SMT.ARYA S.
SMT.ADHIRA SALIHA N.P.
SMT.SIMI M JACOB
RESPONDENT(S):
1 KOCHI MUNICIPAL CORPORATION REPRESENTED BY ITS
SECRETERY
CORPORATION OFFICE PB NO.1061 KOCHI, PIN - 682011
2 ASSISTANT EXECUTIVE ENGINEER
TOWN PLANNING DEPARTMENT KOCHI MUNICIPAL CORPORATION,
PIN - 682011
3 MUHAMMAD SALEEM
CC 3/785,ERAELY,MATTANCHERY,KOCHIN, PIN - 682002
BY ADVS.
SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL
CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.5507 of 2026
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P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.5507 of 2026
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Dated this the 12th day of February, 2026
JUDGMENT
The above writ petition is filed with the following prayers:
"1. To direct the 1st respondent to consider the Exhibit P7 representation and dispose the matter with in a time fixed by this Hon'ble Court.
2. To set aside the Exhibit P6 demolition order issued by the 2nd respondent and direct the 2nd respondent to hear the petitioner and reconsider the same.
3. Any other order this Hon'ble High Court deem fit and proper in the facts and circumstances of the case." (SIC)
2. It is the case of the petitioner that he is one of the co-owners of the property having an extent of 0.30 Ares of land in Sy. No.185/2 of Mattancherry Village, Kochi Taluk. The petitioner completed the construction of the residential building with the help of his relatives and also he got a financial assistance from PMAY Scheme for an amount of Rs.4,00,000/- is the submission. It is also W.P.(C) No.5507 of 2026 3 2026:KER:13407 submitted that from the beginning of the construction of the building, till the completion of the work, every work carried out by the petitioner was assessed and measured by the officials of the 1 st respondent to allow fund for further construction. In the meanwhile, the 3 rd respondent lodged a complaint and the 1 st respondent initiated coercive proceedings as per the complaint. Aggrieved by the same, this writ petition is filed.
3. Heard, the learned counsel appearing for the petitioner and 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 3 rd respondent. If the 3rd respondent is aggrieved by any of the directions issued by this Court, he is free to approach this Court with a review petition.
4. Considering the facts and circumstances of the case, I think, there can be a direction to consider Ext.P7, within a time frame.
Therefore, this Writ Petition is disposed of with the W.P.(C) No.5507 of 2026 4 2026:KER:13407 following directions:
1. The competent authority of respondent Nos. 1 and 2 will consider Ext.P7 and pass appropriate orders in it, after giving sufficient opportunity of hearing to the petitioner and the 3 rd 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. Till final orders are passed, coercive steps based on Ext.P6 shall be kept in abeyance.
3. I make it clear that, I have not considered the matter on merit and the Corporation authorities are free to pass appropriate orders, in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 12.02.2026
Judgment dictated 12.02.2026
Draft Judgment placed 13.02.2026
Final Judgment uploaded 16.02.2026
W.P.(C) No.5507 of 2026
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APPENDIX OF WP(C) NO. 5507 OF 2026 PETITIONER EXHIBITS Exhibit 1 TRUE COPY OF PATTA NO.LA 71/12/53 DATED 04/01/2016 Exhibit 2 TRUE COPY OF THE BUILDING PERMIT DATED 20.09.22 Exhibit 3 TRUE COPY OF THE COMPLAINT PREFERRED BY THE 3RD RESPONDENT DATED 29/07/23 Exhibit 4 TRUE COPY OF THE STOP MEMMO DATED 25/08/23 Exhibit 5 TRUE COPY OF THE HEARTING NOTICE DATED 10/10/23 Exhibit 6 TRUE COPY OF THE DEMOLITION NOTICE DATED 14/12/23 Exhibit 7 TRUE COPY OF THE REPRESENTATION DATED 29/11/25 Exhibit 8 TRUE COPY OF THE SURVEY PLAN DATED NIL Exhibit 9 TRUE COPY OF THE JUDGEMENT IN WP( C) NO.8591/2025 DATED 03/11/25