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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan
Suresh K – Appellant
Versus
Municipal Corporation Of Kollam – Respondent
| Table of Content |
|---|
| 1. writ petition initiation and claims. (Para 2) |
| 2. court's approach to statutory compliance. (Para 3) |
| 3. implications of statuary limitations. (Para 5 , 10 , 14) |
| 4. discussion on legal precedents and limitations. (Para 6 , 9 , 13) |
| 5. final adjudgment on appeal authority. (Para 11 , 12 , 15) |
| 6. conclusion on writ petition and time extension. (Para 16 , 17) |
JUDGMENT :
This Writ Petition (C) is filed with the following prayers:
ii. Issue an order staying all further proceedings pursuant to Ext.P5 iii. issue such other order or direction, as this Hon’ble Court deem fit and proper to grant."
2. The petitioner herein is the absolute owner in possession of a property comprised in re survey No. 722 of Kollam East Village, having an extent of 1 Are 65 Sq Meters. The 2nd respondent is the petitioner's neighbour. The 2nd respondent’s residential property and the petitioner's property are separated and demarcated by a compound wall, is the submission. It is the case of the petitioner that there is a small toilet situated within the property of the petitioner, which is used by him and his family members. The petitioner states that the toilet was constructed in 1990, and he and his famil
Statutory timelines for appeals under local government legislation cannot be bypassed by filing writ petitions after the period has expired.
The High Court cannot entertain a writ petition against an appealable order if the statutory period for filing an appeal has expired, reaffirming that adherence to statutory limitations is essential ....
Writ petitions filed after statutory limitation periods are not maintainable; judicial review cannot circumvent legislative timelines.
The High Court cannot exercise writ jurisdiction if the statutory period for appealing has expired, reinforcing adherence to legislative intent regarding statutory limitations.
Writ petitions cannot be entertained when an appealable order exists under the applicable statute, emphasizing the necessity of exhausting alternative remedies.
A Writ Petition cannot be entertained if an appeal is available under the statute, unless filed within the limitation period.
Section 406 of Kerala Municipality Act reads as Demolition or alteration of building work unlawfully commenced, carried on or completed.
Non-arbitrariness is an essential facet of Article 14 pervading the entire realm of State action governed by Article 14. It has come to be established, as a further corollary, that the audi alteram p....
An order affecting a person's rights is effective only when communicated, starting the limitation period from that date, not the date of the order itself.
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