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2025 Supreme(Online)(Ker) 53487

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SHYLA DANIEL – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 44622 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SRI.MANU SRINATH, SHRI.LIJO JOHN THAMPY, SMT.NIVEDITA MUCHILOTE, SHRI.RIYAS M.B., SMT.RUKSANA SATHAR P.A.
For the Respondents: GP SMT DEEPA V, SRI SUMAN CHAKRAVARTHY, SC

A party aggrieved by a notice may appeal to higher authorities if the notice is issued without jurisdiction or is based on non-existent statutes.

Headnote:Statute Analysis: The petitioner seeks to challenge the legality of the Ext.P6 notice citing lack of jurisdiction by the 5th respondent. Court Findings: The Court determines that the District Collector should consider the petitioner's representation against the notice.

Issues: The matter revolves around the jurisdiction in issuing the contested notice.

Ratio Decidendi: The Court highlights the requirement for a hearing and the petitioner's claims regarding non-existent provisions enabling the notice's issuance.

Result: The 2nd respondent is directed to consider Ext.P8 within three months, with proceedings on Ext.P6 held in abeyance.

Table of Content
1. seeking relief against a jurisdictional notice. (Para 1)
2. court’s directive for consideration of representations and abeyance of proceedings. (Para 2 , 3)

JUDGMENT

This writ petition is filed seeking the following reliefs:

“(i) declare that Ext.P6 notice No. HI/SGN/190/25 dated 18/11/2025 issued by the 5th respondent is illegal, unconstitutional and nonest in the eye of law;

(ii) issue a writ in the nature of certiorari or any other writ, direction or order calling for the records leading to Ext. P6 and quash the same;

(iii) issue a writ in the nature of mandamus or any other writ, direction or order directing respondents 4 and 5 not to proceed with the Ext. P6 Notice;

(iv) dispense with the translation of the documents produced in the vernacular language;

(v) issue such other, writ direction or order as deemed fit in the circumstances.”

[SIC]

2. Heard the learned counsel for the petitioner, the learned Standing Counsel and the learned Government Pleader also. The manner in which this writ petition is going to be disposed of, no notice is necessary to the party respondent. If the party respondent is aggrieved by any of the directions issued by this Court, the party respondent is free to approach this Court by filing a review petition.

3. The petitioner is aggrieved by Ext.P6 notice issued by the 5th respondent. According to the petitioner, the 5th respondent has no jurisdiction to issue such a notice. The provision quoted in Ext.P6 is not in existence, is the submission of the petitioner. Admittedly, the petitioner filed Ext.P8 before the District Collector against Ext.P6 notice. If that is the case, there can be a direction to consider the same by the District Collector, and till then, further proceedings based on Ext.P6 shall be kept in abeyance. The District collector will consider the contentions of the petitioner that the Corporation has no jurisdiction to issue such a notice and the notice is issued based on a non-existence provision.

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

i) The 2nd respondent is directed to consider Ext.P8, after giving an opportunity of hearing to the petitioner and the affected parties, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

ii) Till final orders are passed in Ext.P8, all further proceedings based on Ext.P6 shall be kept in abeyance Sd/-

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