Kerala High Court
Narayanan Unni vs The District Collector on 17 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 9298 OF 2025 1
2025:KER:77789
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
WP(C) NO. 9298 OF 2025
PETITIONER/S:
1 NARAYANAN UNNI,
AGED 81 YEARS
S/O. NARAYANAN UNNI, VARAPURATH MADOM, MANAKKAD,
THODUPUZHA, IDUKKI DISTRICT, PIN - 685608
2 SANTHOSH.V.N.,
AGED 43 YEARS
S/O. KUNJU, VAZHATHANDEL HOUSE, MANAKKAD,
THODUPUZHA, IDUKKI DISTRICT, PIN - 685608
3 JANISH.V.N.,
AGED 46 YEARS
S/O. KUNJU, VAZHATHANDEL HOUSE, MANAKKAD,
THODUPUZHA, IDUKKI DISTRICT, PIN - 685608
BY ADVS.
SRI.HARISANKAR N UNNI
SMT.K.MINI MOLE (M-1356)
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, KUYILIMALA,
PAINAVU.P.O., IDUKKI, PIN - 685603
2 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF, CIVIL STATION,
KUYILIMALA, PAINAVU.P.O., IDUKKI, PIN - 685603
WP(C) NO. 9298 OF 2025 2
2025:KER:77789
3 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, IDUKKI,
IDUKKI TOWNSHIP, IDUKKI, PIN - 685603
4 THE STATION HOUSE OFFICER,
JANAMAITHRI POLICE STATION, THODUPUZHA TOWN ROAD,
THODUPUZHA, IDUKKI, PIN - 685564
5 THE MANAKKAD GRAMA PANCHAYATH,
MANAKKAD, THODUPUZHA, IDUKKI, REPRESENTED BY ITS
SECRETARY, PIN - 685608
6 SUNIL.M.G.@ RAMAYYAN SWAMI,
MURIKKUMPURATH HOUSE, MANAKKAD P.O., THODUPUZHA,
IDUKKI DISTRICT, PIN - 685608
7 SUDHA SUNIL,
W/O. SUNIL.M.G. @ RAMAYYAN SWAMI, MURIKKUMPURATH
HOUSE, MANAKKAD P.O., THODUPUZHA, IDUKKI DISTRICT,
PIN - 685608
8 GOPALAN,
MURIKKUMPURATH HOUSE, MANAKKAD P.O, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685608
BY ADVS.
SHRI.M.RETHEESHKUMAR
SHRI.MUHAMED JUNAID V.
OTHER PRESENT:
GP - SMT. JESSY S SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 9298 OF 2025 3
2025:KER:77789
P.V.KUNHIKRISHNAN, J
--------------------------------------
WP (C) No. 9298 of 2025
--------------------------------------
Dated this the 17th day of October, 2025
JUDGMENT
The above writ petition is filed with following prayers :
i) issue a writ in the nature of mandamus or appropriate writ, order or direction to the respondents to take necessary and urgent steps to remove the illegal activities conducted by respondents 6 to 8 and to ensure peaceful living, maintain public tranquility and social harmony in the locality by interfering with the illegalities committed by respondents 6 and 7 under the pretext of religious adherence;
ii) issue a writ of mandamus or any other appropriate writ order or direction commanding and compelling the 5th respondent to initiate proceedings for demolishing the unauthorized building/ structure constructed illegally by respondents 6 to 8 as stated in Exts P10 and P11 forthwith;
iii) issue a writ in the nature of mandamus to respondents 2 and 4 to ensure that the law and order be maintained in the locality wherein the petitioners and respondents 6 to 8 resides and also direct the authority to ensure that no activities which are prevented by law are WP(C) NO. 9298 OF 2025 4 2025:KER:77789 being conducted by respondents 6 to 8 under the pretext of religious adherence;
iv) to dispense with filing of the translation of vernacular documents;
v) issue such other appropriate writ order or direction as this Hon'ble Court may deem fit and proper to meet the ends of justice." [sic]
2. The petitioners are the residents of Manakkad Grama Panchayat of Idukki District. It is the case of the petitioners that the respondent Nos. 6 and 7 are the husband and wife, who are neighbours and nearby residents of the petitioners are residing in the property covered in Re- survey no. 134/8 of Manakkad Village, Thodupuzha Taluk of Idukki District. The respondent Nos. 6 and 7 are the persons who are engaged in black magic and witchcraft is the submission. It is the case of the petitioners that respondent Nos. 6 and 7 are a section of people who are carrying out animal sacrifices under the pretext of religious adherence. The 6th respondent is claiming to be a Swami and Godman, who talks about future, money, prediction and performs WP(C) NO. 9298 OF 2025 5 2025:KER:77789 poojas and conducts homams and other superstitious things claiming cure of diseases where medical science has failed is the further submission. It is submitted that, initially very few people claiming as followers of 6 th respondent visited residence of respondents 6 and 7. Now, a large number of strangers claiming to be followers of the 6 th respondent are visiting the residence of 6th and 7th respondents, even during late night and early morning is the further submission. Facts being so, the 7th respondent, who is the wife of the 6th respondent submitted an application before the Manakkad Grama Panchayat seeking permit to construct a building for religious purpose. Since the application pertains to the construction of a building for religious purpose, the Secretary of the 5th respondent forwarded it to the District Collector. As per Ext.P2, that application was rejected. It is submitted that Ext.P2 would reveal that respondent Nos. 6 and 7 are carrying out animal sacrifices under the pretext of religious adherence and the sounds and cries at the time of such practices are causing fear, disturbance and WP(C) NO. 9298 OF 2025 6 2025:KER:77789 apprehension to nearby residents and also causing serious threat to the tranquility of the locality. The District Police Chief had also reported to the extent that such acts of respondents 6 and 7 would eventually lead to law and order situations in the locality, is the submission. Though by way of Ext.P2, the District Collector had rejected the application, respondents 6 and 7 in total disregard to the above proceedings and orders of the authorities continued with the construction of the structure as evident by Ext. P3 photographs, is the submission. Though complaints have been filed before the respondents, they are not taking any steps and therefore, the petitioners approached this Court with a writ petition which culminated in Ext.P7 judgment whereby this Court ordered demolition of the unauthorised construction. It is submitted that, the unauthorised construction is already demolished as ordered in Ext.P7. But, it is submitted that respondent Nos. 6 and 7 applied for an extension of the residential building and the same is converted for black magic and witchcraft. It is submitted that WP(C) NO. 9298 OF 2025 7 2025:KER:77789 th the 5 respondent is satisfied about the unauthorized construction as evident by Ext.P10 and P11, but they are not taking any action is the submission. According to the petitioners, there are statutory provisions barring practices of black magic and witchcraft. In such situation, this writ petition is filed with the above prayers :
3. Heard the learned counsel for the petitioners and the learned Standing Counsel for the 5 th respondent. I also heard the learned Government Pleader.
4. This Court in Ext.P7 judgment clearly directed to demolish all illegal constructions, which is against Ext.P2 order produced in that writ petition. It is conceded by both sides that the illegal constructions were already demolished. But, the activities of the respondent Nos. 6 and 7 is continuing is the submission. The Standing Counsel appearing for the Panchayat submitted that, whenever they inspect the premises, the 6th and 7th respondents will inform them that the people gathered there are all their relatives.
5. When this writ petition came up for WP(C) NO. 9298 OF 2025 8 2025:KER:77789 consideration on 11.03.2025, this Court passed the following order :
"Admit. Learned Government Pleader takes notice for respondents 1 to 4. Sri.K.C.Vincent, learned standing counsel takes notice for the 5th respondent. Issue urgent notice by speed post to the respondents 6 to 8. There shall be an interim order directing the 5th respondent to ensure that the respondents 6 to 8 are not carrying out any religious activities involving the participation of the public without obtaining permission from the authorities concerned. In case, request is made by the 5th respondent, necessary assistance shall be provided by the 4th respondent for implementing the order"
6. Thereafter, the Panchayat issued Ext.R5(b). But, even now, the respondent Nos. 6 and 7 are continuing with the illegal activities is the submission. I am of the considered opinion that the 2nd respondent will see that no illegal activities are conducted by 6 th and 7th respondents. If any such activities is found by the police authorities, stringent action should be taken, in accordance with law, after registering criminal cases.
With the above observation and retaining the interim WP(C) NO. 9298 OF 2025 9 2025:KER:77789 order dated 11.03.2025, this writ petition can be disposed of.
1) The interim order dated 11.03.2025 is made absolute. If there is any illegal activities are conducted in the residential house of the respondent Nos. 6 to 8, the Panchayat authorities will take necessary steps in accordance with law.
2) The 2nd respondent will see that no illegal activities are conducted by respondent Nos. 6 to 8. The 2 nd respondent will also see that police patrolling is done in the premises of respondent Nos. 6 to 8 regularly to see that no illegal activities are carrying out there.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 17/10/25
Judgment dictated 17/10/25
Draft judgment placed 21/10/25
Final judgment uploaded 22/10/25
WP(C) NO. 9298 OF 2025 10
2025:KER:77789
APPENDIX OF WP(C) 9298/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONERS ALONG WITH OTHER MEMBERS OF THE NARASIMHA NAGAR RESIDENTS ASSOCIATION DATED 17-3-2021 BEFORE THE 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 16-3-2021 Exhibit P3 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING THE STAGES OF CONSTRUCTION OF THE STRUCTURE BY RESPONDENTS 6 AND 7 Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT DATED 6-9-2021 Exhibit P5 TRUE COPY OF THE RECEIPT DATED 6-9-2021 ISSUED BY THE 4TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE RECEIPT DATED 4-10-2021 ISSUED BY THE 5TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.
28424/2021 DATED 15-6-2022 Exhibit P8 TRUE COPY OF THE PHOTOGRAPHS OF THE PRESENT CONSTRUCTION OF THE BUILDING Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 2.11.2023 ISSUED BY THE 5TH RESPONDENT. Exhibit P10 TRUE COPY OF THE COMMUNICATION DATED 22.1.2024 ISSUED BY THE 5TH RESPONDENT. Exhibit P11 TRUE COPY OF THE COMMUNICATION DATED 8- 11-2024 ISSUED BY THE 5TH RESPONDENT. RESPONDENT EXHIBITS EXHIBIT R5 (a) A true copy of the communication dated 16.10.2024 received from the office of the 1st respondent EXHIBIT R5(b) A true copy of the notice dated 14/3/2025 issued by the Panchayat to respondents 6 to 8 Exhibit R6 (a) True copy of the Complaint by Mr. WP(C) NO. 9298 OF 2025 11 2025:KER:77789 Santhosh V. N. to the Ombudsman, LSGT dated 12.02.2024 Exhibit R6 (b) True copy of the Order of Ombudsman, LSGT dated 06.12.2024 Exhibit R6 (c) True copy of the decision No. 1/1 dated 20.09.2024 of the 5th Respondent Panchayat Exhibit R6 (d) true copy of the report by the 2nd Respondent to the 1st Respondent dated 25.01.2021 Exhibit R6 (e) True copy of the report filed by the 4th Respondent before the 1st Respondent dated 19.01.2021 Exhibit R6 (f) True copy of the report by the Tahasildar, Thodupuzha dated 27.10.2021 Exhibit R6 (g) True copy of the report by the RDO, Idukki dated 08.07.2020 Exhibit R6 (h) True copy of the report of the SHO dated 29.11.2024 to the DySP Exhibit R6 (i) True copy of the report submitted by R Anil Kumar, SI of Police, Thodupuzha Police Station dated Nil Exhibit R6 (j) TRUE COPY OF THE STATEMENT GIVEN BY ANILKUMAR V. K. DATED NIL Exhibit R6 (k) TRUE COPY OF THE COMPLAINT BY THE PETITIONERS TO THE DYSP, THODUPUZHA DATED 26.04.2023 Exhibit R6 (l) TRUE COPY OF THE REPLY TO THE 5TH RESPONDENT BY THE 8TH RESPONDENT DATED 15.07.2023 Exhibit R6 (m) TRUE COPY OF THE COMPLAINT GIVEN BY THE 6TH RESPONDENT TO THE SHO, THODUPUZHA AGAINST N NARAYANANUNNI AND OTHERS DATED 13.03.2025 Exhibit R6 (n) TRUE COPY OF THE TAX RECEIPT FOR BUILDING NO. 6/7 OF MANARKKAD GRAMA PANCHAYAT DATED 01.07.2025 Exhibit R6 (o) TRUE COPY OF THE TRUST DEED NO.
228/4/2023 OF THODUPUZHA SRO DATED 20.12.2023 PETITIONER EXHIBITS WP(C) NO. 9298 OF 2025 12 2025:KER:77789 Exhibit P12 True copy of the communication dated 1-7- 2025 from the 5th respondent to the 1st petitioner.
Exhibit P13 True copy of the photographs submitted before the 5th respondent.