Kerala High Court
Dr Jayalakshmi A vs The District Collector on 10 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:12179
WP(C) NO. 16533 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
WP(C) NO. 16533 OF 2024
PETITIONER/S:
DR JAYALAKSHMI A,
AGED 24 YEARS
D/O SARASWATHI AMMAL,RAJESH BHAVAN, MANNAR P.O,
ALAPPUZHA, PIN - 689622
BY ADVS.
SRI.P.VINODKUMAR
SMT.PARVATHI VENUGOPAL
SMT.M.J.SAJITHA
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
ALAPPUZHA DISTRICT, COLLECTORATE, CIVIL STATION,
ALAPPUZHA, PIN - 688001
2 THE MANNAR GRAMA PANCHAYATH,
MANNAR P.O, ALAPPUZHA, REP BY ITS SECRETARY, PIN
- 689622
3 THE SECRETARY,
THE MANNAR GRAMA PANCHAYATH, MANNAR P.O,
ALAPPUZHA, PIN - 689622
4 THE DISTRICT MEDICAL OFFICER,
ALAPPUZHA, GENERAL HOSPITAL,CHUNGAM, ALAPPUZHA-
688011.
2026:KER:12179
WP(C) NO. 16533 OF 2024
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5 AKBAR,
AKBAR MANZIL,MANNAR P.O, ALAPPUZHA, PIN - 689622
BY ADVS.
SRI.R.GIREESH VARMA
SHRI.PRAMOD J.DEV
OTHER PRESENT:
GP SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:12179
WP(C) NO. 16533 OF 2024
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P.V. KUNHIKRISHNAN, J.
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W.P.(C.).No.16533 of 2024
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Dated this the 10th day of February, 2026
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a Writ of mandamus or any Other Writ Or Order directing the 2nd and 3rd Respondent to take action to remove and Close down the Unauthorized construction of Septic tank carried out by the 5th Respondent being in Total violation of the Kerala Panchayath ( Building Rules)2011 Rule 85.
ii. To Issue a Writ of mandamus or any Other Writ or Order directing the 1st 3rd and 4th respondents being the Member secretaries of Health Committees constituted under the Kerala Public Health Act,2023 to take immediate Action as Provided under Section 15 of the said Act. iii. To Pass Such Other Orders as this Hon'ble Court may deem fit and Proper for the effective Adjudication of the Case.
(SIC)
2. Petitioner is aggrieved by a septic tank constructed 2026:KER:12179 WP(C) NO. 16533 OF 2024 4 near his house by the 5th respondent. The Panchayat issued Ext.P4 notice. No further steps are taken by the Panchayat is the grievance of the petitioner.
3. Heard the learned counsel for the petitioner and the learned Government Pleader. I also heard the learned Standing Counsel for the Panchayat and the learned counsel for the 5th respondent.
4. After hearing both sides, I am of the considered opinion that this writ petition need not be retained here. There can be a direction to the Panchayat to conclude the proceedings initiated as per Ext.P4 within a time frame, after giving an opportunity of hearing to the petitioner and the 5th respondent.
Therefore, this Writ Petition is disposed of in the following manner:
The 3rd respondent is directed to conclude the proceedings initiated as per Ext.P4, after giving sufficient opportunity of hearing to the petitioner and the 5th respondent, as expeditiously as possible, at any rate, within a 2026:KER:12179 WP(C) NO. 16533 OF 2024 5 period of two months from the date of receipt of a copy of this judgment.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
Judgment reserved NA
Date of Judgment 10.02.2026
Judgment dictated 10.02.2026
Draft Judgment placed 12.02.2026 Final Judgment 16.02.2026 uploaded 2026:KER:12179 WP(C) NO. 16533 OF 2024 6 APPENDIX OF WP(C) NO. 16533 OF 2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAB REPORT ISSUED BY THE QUALITY CONTROL DISTRICT LABORATORY OF THE KERALA WATER AUTHORITY AT THIRUVALLA DATED 27-1-2024 Exhibit P2 TRUE COPY OF THE REPORT OF THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE , MANNAR DATED 3/2/2024 Exhibit P 3 TRUE COPY OF THE PETITION MADE BEFORE THE FIRST RESPONDENT DATED 5/2/2024 Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 21/2/2024 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT RESPONDENT EXHIBITS Exhibit R3(a) True copy of the report submitted by the Health inspector, Mannar Grama Panchayat dated 11-3-2024