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2025 Supreme(Online)(Ker) 49901
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
JALAJA BABU AGED 70 YEARS W/O.BABU (LATE) – Appellant
Versus
STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT – Respondent
WP(C) NO. 18863 OF 2025
Advocates:
For the Appellants/Petitioners: SRI.R.PUSHPANGATHAN PILLAI
For the Respondents: SRI.K.JANARDHANA SHENOY SR.GP.SMT.PREETHA K.K
For the Appellants/Petitioners: SRI.R.PUSHPANGATHAN PILLAI
For the Respondents: SRI.K.JANARDHANA SHENOY SR.GP.SMT.PREETHA K.K
Ongoing appeals take precedence, rendering associated writ petitions moot.
Headnote:(A) Writ Petition (Civil) - Appeal before Tribunal for Local Self Government Institutions - Petitioners challenge an order which has been stayed - Court finds that further proceedings in the writ petition are moot - Writ petition closed. (Para 1)
(B) The court determined that since the order had been stayed and an appeal was pending, no further action was necessary in the writ petition. The issue of legal standing is rendered moot under such circumstances.
Facts of the case:
The petitioners are contesting an earlier order before the Tribunal that has already been stayed pending their appeal.
Findings of Court:
The court ruled that since the stay was granted, the current writ petition lacked merit.
Issues: The main issue was whether the writ petition should proceed when a parallel appeal was pending.
Ratio Decidendi: The decision was based on the principle that ongoing appeals take precedence, rendering the current petition moot.
Result: Writ petition is closed.
JUDGMENT
Dated this the 11th day of September, 2025 The learned counsel appearing for the petitioners submit that Ext.P1 order has already challenged by the petitioners before the Tribunal for Local Self Government Institutions by way of Appeal No.332/2025 and Ext.P1 order has been stayed.
In light of the above submission, I hold that nothing further survives in the writ petition.
Resultantly, the writ petition is closed.
