Kerala High Court
Gayathri Thulasi vs The Attingal Municipality on 4 March, 2026
WP(C) No.26043 of 2020 1
2026:KER:19401
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 4TH DAY OF MARCH 2026 / 13TH PHALGUNA, 1947
WP(C) NO. 26043 OF 2020
PETITIONER:
GAYATHRI THULASI, AGED 52 YEARS,
W/O G.THULASI, AROMA LADIES TALIORING,
SHRUTHI TOWER, ATTINGAL, PIN CODE -695 101
BY ADVS.SRI.M.R.ANANDAKUTTAN
SMT.M.A.ZOHRA
SRI.MAHESH ANANDAKUTTAN
SMT.SHREEJI R. NAIR
RESPONDENTS:
1 THE ATTINGAL MUNICIPALITY
REPRESENTED BY THE SECRETARY, MUNICIPAL OFFICE,
ATTINGAL, THIRUVANANTHAPURAM-695 101.
2 THE ASSISTANT EXECUTIVE ENGINEER, L.S.G.D, ATTINGAL
MUNICIPALITY, MUNICIPAL OFFICE, ATTINGAL-695 101.
3 THAJUDHEEN,
OWNER, POOJA CONNECTION, ATTONGAL-695 101.
BY ADVS.SRI.SIJU KAMALASANAN, SC
SRI.M.ABDUL RASHEED
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.26043 of 2020 2
2026:KER:19401
VIJU ABRAHAM, J.
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W.P.(C) No.26043 of 2020
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Dated this the 4th day of March, 2026
JUDGMENT
The petitioner has approached this Court seeking a direction to respondents 1 and 2 to take necessary action to demolish the illegal and unauthorised construction of the 3rd respondent made in violation of the Kerala Municipality Act and Building Rules as noticed in Ext.P5 order dated 03.03.2020.
2. A perusal of Ext.P5 would reveal that a provisional order has already been issued to the 3rd respondent to remove the unauthorised construction. The grievance raised by the petitioner is that no further action pursuant to the provisional order has been taken by the respondent- Municipality.
3. The learned Counsel for the respondent-Municipality submits that after the issuance of the provisional order, the 3 rd respondent has removed all the encroachments. However, the learned Counsel for the petitioner refuted the said submission and submits that the encroachments are still existing in the property.
WP(C) No.26043 of 2020 3
2026:KER:19401 Taking into consideration the above facts and circumstances, this writ petition is disposed of as follows:
(i) Respondents 1 and 2 shall conduct an inspection in the subject property with notice to the petitioner and the 3rd respondent and verify whether the unauthorised constructions have been removed as directed in the provisional order.
(ii) If the removal of construction is not done, further action shall taken to remove the same in accordance with law.
(iii) The proceedings as above shall be finalised within an outer limit of one month from the date of receipt of a certified copy of this judgment.
Sd/-
VIJU ABRAHAM JUDGE sp/04/03/2026 WP(C) No.26043 of 2020 4 2026:KER:19401 APPENDIX OF WP(C) NO. 26043 OF 2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 26.12.2018 EXHIBIT P2 TRUE COPY OF THE ANSWER TO THE QUERY UNDER THE RIGHT TO INFORMATION ACT DATED 23.1.2019 EXHIBIT P3 TRUE COPY OF THE STATEMENT RECORDED IN THE MINUTES ON THE FILE OF THE 1ST RESPONDENT ON 22.4.2019 EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT ON 1.1.2020 EXHIBIT P5 TRUE COPY OF THE REPLY DATED 3.3.2020 ISSUED BY THE RIGHT TO INFORMATION OFFICER OF THE ATTINGAL MUNICIPALITY ALONG WITH THE PROCEEDINGS IN THE COMPLAINT