Kerala High Court
Sudha N.P vs The Kerala State Disaster Management ... on 4 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 2741 OF 2026 1
2026:KER:9512
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947
WP(C) NO. 2741 OF 2026
PETITIONER:
SUDHA N.P.
AGED 44 YEARS
MADAMPOYIL HOUSE,PARAMBIL
BAZAR ,KURUVATTURR ,KOZHIKODE DISTRICT, PIN -
673012
BY ADVS.
SHRI.EBIN MATHEW
SHRI.P.J.MATHEW
SMT.AKHILA SHOJI
SMT.ANN MARIYA PAUL
RESPONDENTS:
1 THE KERALA STATE DISASTER MANAGEMENT AUTHORITY
REPRESENTED BY ITS MEMBER SECRETARY, VIKAS BHAVAN,
P.O, OBSERVATORY HILLS, OPPOSITE KANAKAKKUNNU
PALACE, NANTHANCODU, THIRUVANANTHAPURAM, KERALA,
PIN - 695033
2 DISTRICT DISASTER MANAGEMENT AUTHORITY
REPRESENTED BY ITS CHAIRPERSON, CIVIL
STATION,WAYANAD,NORTH KALPETTA P.O. WAYANAD
DISTRICT, KERALA, PIN - 673122
3 PANAMARAM GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY PANMARAM P.O.,
WAYANAD DISTRICT, PIN - 670721
WP(C) NO. 2741 OF 2026 2
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4 THE SECRETARY
PANAMARAM GRAMA PANCHAYATH PANAMARAM P.O,
WAYANAD DISTRICT, PIN - 670721
SRI REJUVUE K C, SC,
SPL GP SMT DEEPA K R
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 2741 OF 2026 3
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 2741 OF 2026
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Dated this the 4th day of February, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i. To call for entire records that leading to the passing of Exhibit P14 and quash the same by writ of certiorari or any other writ or any other appropriate order. ii. To call for entire records that leading to the passing of Exhibit P15 and quash the same by writ of certiorari or any other writ or any other appropriate order iii. To pass any other order or directions this Hon'ble Court deems fit and proper in the facts and circumstances of the case.
iv. To permit the petitioner to dispense with production of translations of the exhibits in vernacular language along with the Writ Petition "
[SIC]
2. The petitioner is a tour operator conducting tour packages all over India. The petitioner along with some other persons purchased 40 Ares of property in Wayanad District, with the intention to start a resort. The petitioner and others submitted application before the Panchayat for construction of nine buildings, and the fourth respondent issued site approval and building permit. On the basis of the permit, the petitioner constructed seven buildings. Since the construction was intended for a resort, gabled roof and certain architectural designs were provided on the main WP(C) NO. 2741 OF 2026 4 2026:KER:9512 building only for attracting tourists and for a traditional Kerala look, is the submission. The petitioner submitted application for completion certificate and regularization application before the Panchayat. However, relying on the height-restriction order issued by the 2nd respondent after natural disasters in Wayanad District, the Panchayat forwarded the matter to the 2 nd respondent stating that the height marginally exceeded 10 meters due to the gabled roof. The Core Committee constituted as per Ext.P5, inspected the property and submitted a report stating that exemption can be granted on condition that access to the gabled roof is permanently closed. Without considering that recommendations of the Core Committee and the District Town Planner, the 2 nd respondent rejected the petitioner's request stating that the building is a commercial construction. The grievance of the petitioner is that, there is no such restriction in Ext.P5, as far as the commercial building and residential building is concerned. Moreover, the grievance of the petitioner is that, it is an order passed without giving an opportunity of hearing to the petitioner. Ext.P14 is the order. Aggrieved by the same, this writ petition is filed.
3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader and the learned Standing Counsel appearing for the Panchayat. WP(C) NO. 2741 OF 2026 5
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4. The learned counsel for the respondent reiterated the contentions raised in the writ petition. The learned Senior Government Pleader takes me through Ext.P5 order and the last paragraphs of Ext.P5. It would be better to extract 9(v) of Ext.P5 :
"v. If for any public purpose of the Government or for any other significant public purpose, it is felt that relaxation in the limits specified vide this order is necessary, the same will be considered and decided by the Chairman, District Disaster Management Authority, based on report and recommendation of Core Committee mentioned above."
Admittedly, the Core Committee recommended that the exemption can be granted to the petitioner on condition that access to the gabled roof is permanently closed.
5. This Court perused Ext.P14 order. The only reason for rejecting the claim by the District Disaster Management Authority (for short 'DDMA') is that, it is a commercial building.
6. This Court perused Ext.P5 once again. Admittedly, there is no difference between a commercial building and a residential building in it. The State of Kerala is attracting tourists. The main object of the State of Kerala is to promote tourism. It is true that, Wayanad is ecologically sensitive area. But, this type of attitude by the DDMA is to be deprecated. A person had invested huge amount and constructed a resort. He wants to attract the tourist and some architectural designs were WP(C) NO. 2741 OF 2026 6 2026:KER:9512 provided on the main building for a traditional Kerala look. The construction is made based on the building permit issued by the local authority. The Core Committee constituted as per Ext.P5 recommended that, it can be allowed, if the access to the gabled roof is permanently closed.
7. In such circumstances, I am of the considered opinion that, Ext.P14 is to be set aside and the matter is to be reconsidered by the DDMA, in the light of the Core Committee recommendation.
Therefore, this writ petition is disposed of with the following directions:
(i)) Exts.P14 and P15 are set aside.
(ii) The 2nd respondent is directed to reconsider the matter in the light of the recommendation of the Core Committee, as expeditiously as possible, at any rate, within a period of 30 days from the date of receipt of a copy of this judgment.
(iii) While deciding the matter, the 2nd respondent will also consider Ext.P16.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AJ
Judgment reserved NA
Date of Judgment 04.02.2026
Judgment dictated 04.02.2026
Draft judgment placed 05.02.2026
Final Judgment uploaded 09.02.2026 WP(C) NO. 2741 OF 2026 7 2026:KER:9512 APPENDIX OF WP(C) NO. 2741 OF 2026 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF TAX RECEIPT NO :KL12020702954/2025 Exhibit P2 A TRUE COPY OF APPLICATION FOR BUILDING PERMIT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH REGISTRATION NO: 1778257 DATED 25/08/2022 Exhibit P3 A TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED BY THE 4TH RESPONDENT DATED 21/10/2022 IS PRODUCED Exhibit P4 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 07/09/2024 ISSUED BY THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF PROCEEDINGS DATED 30/06/2015 ISSUED BY 2ND RESPONDENT BEARING NO 2014/21178/12/H3 Exhibit P6 A TRUE COPY OF LETTER DATED 07/11/2024 BEARING NO:SC3-6280/2024 ISSUED BY 4TH RESPONDENT TO THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20/11/2024 Exhibit P8 A TRUE COPY OF SELF DECLARATION FORM ALONG WITH AFFIDAVIT, SUBMITTED BEFORE THE FIRE AND RESCUE STATION, MANATHAVADY DATED 16/02/2024 Exhibit P9 A TRUE COPY OF COMPANY INFORMATION PUBLISHED IN THE WEBSITE OF MINISTRY OF CORPORATE AFFAIRS DATED 29/10/2025 Exhibit P10 A TRUE COPY OF CONSENT TO OPERATE ISSUED BY KERALA STATE POLLUTION CONTROL BOARD BEARING NO:KSPCB/WA/ICO/10078395/24 DATED 27/11/2024 Exhibit P11 A TRUE COPY OF LETTER DATED 26/01/2025 BEARING NO:401003/BABC06/GPO/2024/6280/(1) ISSUED BY 4TH RESPONDENT TO THE PETITIONER Exhibit P12 A TRUE COPY OF THE LETTER DATED 16/03/2025 SUBMITTED BY PETITIONER TO THE 4TH RESPONDENT WP(C) NO. 2741 OF 2026 8 2026:KER:9512 Exhibit P13 A TRUE COPY OF CERTIFICATE OF IN-
PRINCIPLE APPROVAL ISSUED IN THE NAME OF OWN DYNASTY PRIVATE LIMITED DATED 21/05/2025 BY DEPARTMENT OF INDUSTRY AND COMMERCE, GOVERNMENT OF INDIA Exhibit P14 A TRUE COPY OF ORDER NO:
DCWYD/7403/2024-DM2 DATED 4/12/2025 ISSUED BY THE 2ND RESPONDENT Exhibit P15 A TRUE COPY OF THE LETTER BEARING NO.111493-2026 DATED 20/01/2026 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P16 A TRUE COPY OF THE LETTER DATED 28/10/2025 ISSUED BY DISTRICT TOWN PLANNER, WAYANAD TO THE 2ND RESPONDENT BEARING NO LSGD/JD/WYD/1120/2025-F1 Exhibit P17 A TRUE COPY OF PHOTOGRAPHS (3 IN NUMBERS) SHOWING THE CONSTRUCTION MADE BY THE PETITIONER IN SURVEY NUMBER 437/9 AND 437/8