Kerala High Court
Anil. S vs Chief Secretary on 5 February, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2026:KER:9957
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 5TH DAY OF FEBRUARY 2026 / 16TH MAGHA, 1947
WP(C) NO. 4256 OF 2026
PETITIONER:
ANIL. S
AGED 50 YEARS
SON OF MR. SUNDARAN
ADDRESS: WARD 21, DOOR NUMBER 188/1,
M/S AUTO COOL CAR AC,
AT THE SURVEY NUMBER 74/4,
KAROTHUKUZHI, ALUVA- ERNAKULAM ROAD,
ALUVA, DISTT ERNAKULAM,
KERALA , RESIDENCE:- SAROJA MANDIRAM,
EAST KADUNGALOOR, UC COLLEGE PO,
ALUVA . EMAIL [email protected], PIN - 683101
BY ADV. SRI.G.RAMANATHAN
RESPONDENTS:
1 CHIEF SECRETARY
ROOM NO.202, NORTH BLOCK,
GOVERNMENT SECRETARIAT,
GOVERNMENT OF KERALA,THIRUVANANTHAPURAM,
KERALA STATE, INDIA. EMAIL:[email protected],
SECY GADO@KERALA,GOV. IN. (STAFF OFFICER TO THE
OFFICE OF CHIEF SECRETARY. EMAIL:
[email protected])., PIN - 695001
2 SECRETARY
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT ANNEX,
GOVERNMENT OF KERALA,THIRUVANANTHAPURAM,
KERALA STATE,
INDIA.EMAIL: [email protected], PIN - 695001
3 THE DIST COLLECTOR
CIVIL STATION, KAKKANAD, ERNAKULAM, KERALA-. EMAIL
[email protected], PIN - 682030
2026:KER:9957
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4 DEPUTY COLLECTOR
CIVIL STATION, KAKKANAD, ERNAKULAM, KERALA. (FOR
KSEB). EMAIL [email protected],
[email protected], PIN - 682030
5 THE TAHSILDAR
REVENUE HEADQUARTERS, MINI CIVIL STATION, ALUVA,
ERNAKULAM DISTT, KERALA. EMAIL [email protected],
PIN - 683101
6 THE SECRETARY
ALUVA MUNICIPALITY, ALUVA PO, ERNAKULAM DISTRICT,
KERALA EMAIL [email protected],
PIN - 683101
7 MRS. AMBIKA DEVI KK
AGED 72 YEARS
WIDOW OF MR. MURALIDHARAN, DAUGHTER OF LATE MR.
KESAVAN ACHARI, PRESENT ADDRESS:- KANNATTU VEEDU,
ALUVA-ERNAKULAM ROAD, ALUVA TALUK, ALUVA WEST
VILLAGE, ERNAKULAM DISTT, KERALA, PIN - 683101
8 MR. NITHIN. M. NAIR
AGED 35 YEARS
SON OF MRS. AMBIKA DEVI KK, PRESENT ADDRESS:-
KANNATTU VEEDU, ALUVA-ERNAKULAM ROAD, ALUVA TALUK,
ALUVA WEST VILLAGE, ERNAKULAM DISTT, KERALA, PIN -
683101
9 REVENUE DIVISIONAL OFFICER
RDO, FORT KOCHI. EMAIL [email protected]., PIN -
682001
0 THE SHO
POLICE STATION ALWAE EAST, ALUVA, DISTRICT
ERNAKULAM, KERALA . EMAIL
[email protected], PIN - 683101
11 THE SUPERINTENDENT OF POLICE
ERNAKULAM RURAL, ALUVA,
DISTRICT ERNAKULAM, KERALA . EMAIL
[email protected], PIN - 683101
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OTHER PRESENT:
SRI. SEBASTIAN JOSEPH,
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BECHU KURIAN THOMAS, J.
----------------------------------------
W.P(C) No.4256 of 2026
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Dated this the 05th day of February, 2026
JUDGMENT
Petitioner has filed this writ petition seeking the following reliefs:
i. "To issue a Writ of Mandamus or any other appropriate writ, order or direction to the Respondent No.1 to acquire the Premises in Exhibit P-1.
ii. To issue a Writ of Mandamus or any other appropriate writ, order or direction to the Respondent Nos.7 and 8, never to go near the Premises in Exhibit P-1.
iii. To issue a Writ of Mandamus or any other appropriate writ, order or direction to all other Respondents, not to permit construction of any the Premises like in Exhibit P-1. The "mighty" family members will be given, comfortable rooms, rest will be sent upstairs. However, this premises is only 6.16 feet width, thus, ground floor rooms also will be always hot.
iv. To issue a Writ of Mandamus or any other appropriate writ, order or direction to all other Respondents, to define "habitable room with reference to small plots, relying upon width of the plots, after giving set back.
v. To issue a Writ of Mandamus or any other 2026:KER:9957 W.P(C) No.4256 of 2026 -:5:- appropriate writ, order or direction to all other Respondents, to define "construction materials". The example of Exhibit P-1 premises may be kept in mind. Less heat absorbing materials is the intention.
vi. To issue a Writ of Mandamus or any other appropriate writ, order or direction to all other Respondents, to define rights of neighborhood to object the construction of non residable houses.
vii. To issue a Writ of Mandamus or any other appropriate writ, order of direction to all other Respondents, to decide all Notices issued by the Petitioner, without giving evasive reply of pending trial at LSGDT.
viii. And to pass such other appropriate writs, orders, or directions, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case so as to secure the ends of Justice."
2. The pleadings in this writ petition are not only vague but are also incomprehensible. Even the purpose of filing this writ petition could not be understood initially. However, during the course of arguments, the learned counsel submitted that petitioner is aggrieved by the construction of a house by respondents 7 and 8, on their own property for their residence. Petitioner is aggrieved by the size of the house constructed by the aforesaid respondents and seeks to prevent those respondents from residing in the said house. Petitioner apprehends that due to the small size of the newly built house of respondents 7 and 8, there is a possibility of unnatural deaths taking 2026:KER:9957 W.P(C) No.4256 of 2026 -:6:- place, if anyone resides in the said house. Petitioner alleges that the said construction is not habitable. It was also submitted by the learned counsel for the petitioner that, if in case in the adjacent house, any unnatural death occurs by virtue of the alleged minuscule size of the house, it would cause serious prejudice to the children of the petitioner.
The learned counsel for the petitioner also submitted that the petitioner has even offered to permit construction without even the legally required setback so that the size of the house can be increased. It was further submitted that the nature of materials used for the construction includes iron rods, which would emit heat, thereby causing prejudice to the neighbours, including the petitioner.
3. Having heard the learned counsel for the petitioner and the learned Government Pleader, this Court is of the view that apart from the incomprehensible nature of pleadings and the vagueness in the contentions of the petitioner, which itself merits dismissal of this writ petition in limine, even the cause given by the petitioner does not deserve to be considered by this Court under Article 226 of the Constitution of India.
4. The reliefs sought for is for a direction to compel respondents 7 and 8 "never to go near" their own house constructed by them, on account of the size of the construction. In this context, this court bears in mind that irrespective of the size of the construction, 2026:KER:9957 W.P(C) No.4256 of 2026 -:7:- every house is a castle of its owner, and it is not the lookout of a neighbour to restrict the usage of such a house by its owner on the basis of the size.
5. The elementary principle in civil law is that no injunction can be granted against the true owner. The said principle applies with equal rigour in the instant case, since the petitioner is practically seeking an injunction against respondents 7 and 8 from residing in their own house, which was constructed based on a permit issued and in compliance with all the setback requirements. Even if there is any alleged violation of the setback rule or other requirements of law, the remedy of the petitioner is elsewhere. In this context, this Court takes note of the submission on behalf of the petitioner that he is even willing to forgo the objections regarding the setback Rules to enable respondents 7 and 8 to have a larger construction. However, petitioner's magnanimity cannot persuade this Court to direct an owner of a house, to not live his dream or even violate the Building Rules.
Taking note of the above circumstances, I find no merit in this writ petition and it is dismissed in limine.
Sd/-
BECHU KURIAN THOMAS JUDGE jka/05.02.26.
2026:KER:9957 W.P(C) No.4256 of 2026 -:8:- APPENDIX OF WP(C) NO. 4256 OF 2026 PETITIONER EXHIBITS Exhibit P1 PHOTO OF THE HOUSE OF RESPONDENTS 7 AND 8.
IN THE WRIT PETITION, PRAYER IS TO DIRECT RESPONDENT 1 TO BUY THIS AND ALLOT ANOTHER LAND TO THE LAND OWNERS.
Exhibit P2 PHOTO COPY OF INDEX TO THE PRE-SUIT NOTICE ISSUED ON 30-5-2025.
Exhibit P3 PHOTO COPY OF SYNOPSIS TO THE PRE-SUIT NOTICE ISSUED ON 30-5-2025.
Exhibit P4 PHOTO COPY OF IA TO THE PRE-SUIT NOTICE ISSUED ON 30-5-2025.
Exhibit P5 PHOTO COPY OF THE PRE-SUIT NOTICE ISSUED ON 30-5-2025, ALONGWITH POSTAL RECEIPTS AND PRINT OF SENT BY EMAIL.
Exhibit P6 PHOTO COPY OF DOCUMENT DATED 20-7-14, LAND TAX RECEIPT, FOR LAND IDENTIFICATION OF EXHIBIT P-1.
Exhibit P7 PHOTO COPY OF DOCUMENT FOR KSEB CONSUMER SERVICE REQUEST, DATED NIL, FOR EXHIBIT P-
1.Exhibit P8 PHOTO COPY OF RESOLUTION DT 16-1-2019 Exhibit P9 PHOTO COPY OF PROCEEDINGS OF ADALAT BY HON'BLE MINISTER, DATED 23-4-22.
Exhibit P10 PHOTO COPY OF MINUTES DT 29-11-23. Exhibit P11 PHOTO COPY OF LIST OF PMAY BENEFICIARIES DATED NIL.
Exhibit P12 PHOTO COPY OF LETTER DT 29-4-25. Exhibit P13 PHOTO COPY OF LETTER DT 14-8-2019, ABOUT UNFITNESS TO USE.
Exhibit P14 COPY OF CONVERSION TABLE BETWEEN METER TO FOOT, TO READ, INNER WIDTH OF EXHIBIT P-1 IS 6.16 FEET.
Exhibit P15 PHOTO COPY OF KUDUMBASREE'S LETTER DT 18- 12-19.
Exhibit P16 PHOTO COPY OF DOB OF ELDER CHILD OF THE PETITIONER.
Exhibit P17 PHOTO COPY OF DOB OF YOUNGER CHILD OF THE PETITIONER Exhibit P18 PHOTO OF THE SKELTON/ FRAME OF EXHIBIT P-1 BUILDING, ON MAY 2025.
Exhibit P19 PHOTO COPY OF EXPERT OPINION AFTER 2026:KER:9957 W.P(C) No.4256 of 2026 -:9:- PERSONAL INSPECTION OF THE SITE THAT, NO LIFE CAN SIRVIVE, EXPERT OPINION BY AN ENGINEER, DATED 25 MAY 2025.
Exhibit P20 PHOTO COPY OF EXPERT OPINION AFTER PERSONAL INSPECTION OF THE SITE THAT, NO LIFE CAN SIRVIVE, EXPERT OPINION BY AN ELECTRICIAN, DATED 24 MAY 2025.
Exhibit P21 PHOTO COPY OF EXPERT OPINION AFTER PERSONAL INSPECTION OF THE SITE THAT, NO LIFE CAN SIRVIVE, EXPERT OPINION BY A MEDICAL DOCTOR, DATED 24 MAY 2025.
Exhibit P22 PHOTO COPY OF SKETCH DRAWN BY CIVIL ENGINEER, DATED NIL, AFTER GETTING FEES FROM THE PETITIONER, FOR THE EXHIBITED BUILDING DATED MAY 2025. IT NARRATES THE VIOLATIONS Exhibit P23 PHOTO OF SEPTIC TANK, PRIOR TO COMPLETION OF CONSTRUCTION, OF THE IMPUGNED BUILDING, DATED 27-5-25.
Exhibit P24 PHOTO COPY OF CAVEAT FILED BY RESPONDENT 7, ON 23-1-2025.
Exhibit P25 PHOTO COPY OF MUNICIPALITY'S LETTER DT 18- 12-24, IN WHICH, TOTAL WIDTH OF THE PLOT WILL BE READ 9.18 FOOT Exhibit P26 PHOTO COPY OF LETTER WRITTEN BY THE PETITIONER, TO A GOVERNMENT OFFICE, OBJECTING THE CONSTRUCTION OF RESIDENCE BY THE RESPONDENT 7, DATED 27-3-23 Exhibit P27 PHOTO COPY OF LETTER WRITTEN BY THE PETITIONER, TO KSEB OFFICE, OBJECTING THE ELECTRICITY CONNECTION TO RESIDENCE BY THE RESPONDENT 7, DATED 28-11-24.
Exhibit P28 PHOTO COPY OF LSGDT APPEAL FILED BY PETITIONER, APPEAL NO. 595/2025.
Exhibit P29 PHOTO COPY OF THE IA FOR STAY, FILED IN THE LSGDT APPEAL.
Exhibit P30 PHOTO COPY OF BUILDING PERMIT DT 18-10-24. Exhibit P31 PHOTO COPY OF COMPLAINT DT 21-2-25, AGAINST THE ARCHITECT OF RESPONDENT 7. Exhibit P32 PHOTO COPY OF ACKNOWLEDGEMENT DT 18-3-25, BY MUNICIPALITY.
Exhibit P33 PHOTO COPY OF OBJECTION OF PETITIONER, RECORDED IN THE NOTE SHEET DT 27-3-23, ABOUT ALLOTING PMAY TO RESPONDENT 7. Exhibit P34 PHOTO COPY OF ORDER DT 20-3-25 ALLOWING OF 2026:KER:9957 W.P(C) No.4256 of 2026 -:10:- ELECTRICITY CONNECTION.
Exhibit P-35 PHOTO COPY OF APPEAL DATED 27-3-25, FILED BY PETITIONER, IMPUGNING ALLOWING OF ELECTRICITY CONNECTION.
Exhibit P-36 PHOTO COPY OF "SKETCH OR MAP TO THE PERMIT", TO CONSTRUCT THE RESIDENCE OF RESPONDENT 7. ORIGINAL IS A BIG PAGE, DATED 18-10-24. THAT IS REPRODUCED IN 4 SHEETS Exhibit P-37 PHOTO COPY OF COMPLAINT DATED 26-12-25 TO RESPONDENT 10, IN AN EFFORTS TO PREVENT WASTAGE OF MONEY OF RESPONDENT 7, BY PLASTERING WALLS, BY TRESSPASSING LAND OF THE PETITIONER. (UNDER EASEMENT ACT, THE RESPONDENT 7 HAVE A RIGHT TO USE THE LAND OF THE PETITIONER, TO PLASTER HER RESIDENCE, HOWEVER, THE RESPONDENT 7 REFUSED TO ACCEPT HELP OF THE PETITIONER, BY CONSTRUCTING ONLY ONE FLOOR, WITHOUT ANY SET BACKS, HAVING SEPTIC TANK AWAY FROM THE DRINKING WATER WELL. NOW IN THE 6.16 FEET ROOM CONSTRUCTED USING HEAT ABSORBING MATERIALS, SHE CANNOT RESIDE OR RUN A SHOP).
Exhibit P-38 PHOTO COPY OF COMPLAINT DATED 26-12-25, AT 7.54 PM, TO RESPONDENTS 10 AND 11. IT RECORDED THE QUARRELING CONDUCT OF RESPONDENT 8 AND HE CALLED ADV RAMANATHAN G:- "ADVOCATE WITHOUT LITIGATION WORK". Exhibit P-39 PHOTO COPY OF LETTER DATED 26-12-25 TO RESPONDENT 6, ALUVA MUNICIPALITY Exhibit P-40 PHOTO COPY OF RTI APPLICATION DATED 24-12- 25, TO THIS HON'BLE COURT, TO GET EVIDENCE ABOUT UNNATURAL DEATH IN THIS PREMISES AND WHETHER ANY GHOST ACTIVITY Exhibit P-41 PHOTO COPY OF RTI APPLICATION DATED 3-1-26 TO RESPONDENT 11, TO GET EVIDENCE ABOUT THE UNNATURAL DEATH OF AN OLD LADY AND GETTING LIFE AGAIN, IN THE ROTTEN BODY Exhibit P-42 PHOTO COPY OF EMAIL ENQUIRY DATED 11-1-26, TO THE POLICE STATION SAKET, ABOUT SUICIDE IN THE SAKET COURT COMPLEX ON 9-1-26. Exhibit P-43 PHOTO COPY OF SUICIDE NOTE DT 9-1-26, WITH NEATLY TYPED TRUE COPY.
Exhibit P-44 PHOTO COPY OF PROTEST NOTICE DT 9-1-26 BY THE COURT EMPLOYEES UNION.
2026:KER:9957 W.P(C) No.4256 of 2026 -:11:- Exhibit P-45 PHOTO COPY OF SOCIAL MEDIA NEWS ABOUT THE SUICIDE DT 9-1-26.
Exhibit P-46 PHOTO COPY OF EMAIL ENQUIRY DATED 12-1-26, TO THE POLICE STATION SHIVAJINAGAR, PUNE, ABOUT SUICIDE IN THE SHIVAJINAGAR, PUNE COURT COMPLEX ON 8-2-25 AND 16-10-25 Exhibit P 47 RTI REPLY BY THIS HON'BLE COURT Exhibit P 48 NOTES WRITTEN BY THE ADVOCATE OF THE PETITIONER.
Exhibit P-49 TRUE COPY OF REPORT OF THE ACCIDENTAL DOCUMENT IS DATED 24.07.1915 Exhibit P-50 TRUE COPY OF THE WAGON TRAGEDY ACCIDENT REPORT IS DATED 19.11.1921 Exhibit P-51 PHOTO OF THE WALL PAINTING IN THE KHCAA CANTEEN WITH THIS PROVERB IS PRODUCED. Exhibit P-52 THE EXPLANATION GIVEN BY THE ARTIFICIAL INTELLIGENCE FOR THIS PROVERB IS PRODUCED. Exhibit P-53 COPY OF REPLY RECEIVED FROM ARTIFICIAL INTELLIGENCE Exhibit P-54 THE REPLIES GIVEN BY THE ARTIFICIAL INTELLIGENCE, TO 4 QUESTIONS IS PRODUCED. Exhibit P-55 TRUE COPY OF THE WRITTEN SUBMISSION ABOUT HEARING BY PHONE ON 30-1-26