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2025 Supreme(Online)(Ker) 52307

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
THAIKKATTUKARA JAMA ATH EDUCATIONAL AND CHARITABLE TRUST – Appellant
Versus
CHIEF TOWN PLANNER – Respondent
WP(C) NO. 43556 OF 2025



Advocates:
For the Appellants/Petitioners: Shri.EBIN MATHEW, Shri.P.J.MATHEW, Smt.AKHILA SHOJI, Smt.KRISHNAPRIYA PRASAD
For the Respondents: Sri. ANIL K.MUHAMED

Court mandates timely consideration of regularization applications ensuring compliance with procedural fairness.

Headnote:Statute Analysis: The ruling pertains to the Kerala Panchayat Raj Act, particularly Section 235W(1). Facts of the Case: The petitioner seeks to challenge Ext.P7 notice and ensures regularization of application Ext.P8.

Findings of Court:
The court suggests reviewing Ext.P8 and sets aside Ext.P7 until the application is considered.

Issues: The court addresses the legality of Ext.P7 and the application of fair procedure in administrative actions.

Ratio Decidendi: It underscores the necessity for hearing on Ext.P8, promoting administrative justice.

Result: The court disposes of the writ petition with specific directions to the respondents regarding Ext.P8 processing.

Table of Content
1. amendments to local governance regulations. (Para 1 , 2)
2. challenge to administrative proceedings. (Para 3)
3. court's directive for application processing. (Para 4)

JUDGMENT

The above writ petition is filed with following prayers :

“i. To call for entire records leading to passing of Exhibit P7 notice issued by the 4th respondent and set it aside by a writ of certiorari or any other writ, order or direction.

ii. To issue a Writ of Mandamus or any other Writ direction or order directing the 2nd and 4th respondents to consider Exhibit P8 application for regularization submitted by the petitioner within a time frame fixed by this Hon’ble Court after affording an opportunity of being heard to the petitioner. iii. To permit the petitioner to dispense with production of translations of the exhibits in vernacular language along with the Writ Petition.

iv. To pass any other order or directions this Hon’ble Court deems fit and proper in the facts and circumstances of the case .” [sic]

2. The petitioner is aggrieved by Ext.P7 order, which is issued in accordance with Sec.235W(1) of the Kerala Panchayat Raj Act . According to the petitioner, the petitioner already filed Ext.P8 regularization application and in the meanwhile, the Panchayat is proceeding with Ext.P7 order.

3. Heard the learned Standing Counsel appearing for the Panchayat and the Government Pleader also.

4. After hearing both sides, I think there can be a direction to consider Ext.P8 regularization application and till then, Ext.P7 can be set aside. I make it clear that the contention based on Ext.P7 raised by the petitioner in this writ petition is left open.

Therefore, this writ petition is disposed of with the following directions :

1) The 4th respondent is directed to forward Ext.P8 regularization application to the 2nd respondent within one month from the date of receipt of a certified copy of this judgment, if not already forwarded.

2) The 2nd respondent will consider Ext.P8 and pass appropriate orders in it after giving an opportunity of hearing to the petitioner as expeditiously as possible, at any rate, within three months from the date of receipt of Ext.P8.

3) Till final orders are passed by the 2nd respondent as directed above, the further proceedings based on Ext.P7 shall be kept in abeyance.

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