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2025 Supreme(Online)(Ker) 42511

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
THAZHEVEETTIL JAMSHEER – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 27296 OF 2025



Advocates:
For the Appellants/Petitioners: C.Y.VINOD KUMAR, K.A.JALEEL, P.MOHAMMED ANZARI
For the Respondents: N.MANOJ KUMAR, K.R.RANJITH, SMT.SEETHA S

Jurisdictional issues regarding the issuance of administrative notices must be raised before the competent authority first.

Headnote:The petitioners seek to quash a hearing notice issued under the BUDS Act, claiming lack of jurisdiction and absence of reasons for issuance. The court asserts that jurisdictional issues must first be raised before the competent authority for consideration. Consequently, the writ petition is disposed of.

Result: 'With the above observation, this writ petition is disposed of.'

JUDGMENT

The above writ petition is filed with following prayers :

i. “Call for the records leading to Exbt. P5 notice dated 24.01.2025 issued to the petitioners by the 3rd respondent and issue a writ of certiorari to quash/set aside further proceedings initiated by the 3rd respondent against the petitioners under the BUDS Act ;

ii. This Hon’ble Court may be pleased to dispense with the production of English Translation of vernacular Exhibits produced in the above case;

iii. Grant such other and further relief as this Hon’ble Court deems fit and proper to grant in the facts and circumstances of this case.” [sic]

2. The petitioners are aggrieved by Ext.P5 notice.

This Court perused Ext.P5. Ext.P5 is only a hearing notice. According to the petitioners, the competent authority has no jurisdiction to issue such a notice, and it is issued without reason recording and therefore, Ext.P5 notice itself is illegal. I am of the considered opinion that the petitioners have to raise this before the competent authority. If such a question is raised, the competent authority will consider the same first and thereafter will decide the matter, in accordance with law.

With the above observation, this writ petition is disposed of.

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