Court affirms that the appeal lacks merit as municipal proceedings are pending for a final order regarding alleged construction violations.

K.NATARAJAN & JOHNSON JOHN, JJ.

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W.A No.2737 of 2025 -----------------------------------------------

Dated this the 8^th day of January, 2026.

K.NATARAJAN, J. J U D G M E N T This Writ Appeal is filed by the writ petitioner for setting aside the judgment and order passed by the learned single Judge of this Court in W.P(C) No.35074 of 2025 dated 25-09-2025 and Review Petition No. 1401 of 2025 dated 05-11-

2025.

2. We have heard the arguments of Ms.Nidhi Abraham, learned counsel for the appellant, Sri.T.K.Vipindas, learned Senior Government Pleader for the first respondent, Sri.S.Jamal, learned Standing Counsel for second and third respondents and Sri.Harishankar.R, learned counsel for the fourth respondent.

3. The case of the appellant/writ petitioner is that the 4^th respondent is said to have violated the bye-law of the construction and he filed a complaint, a proceedings has been initiated against the 4^th respondent by the 2^nd respondent Municipality. A final order is said to be passed, which came to be challenged before the Local Self Government Institutions, Thiruvananthapuram ('Tribunal' for short) under Section 509 (6) of Kerala Municipality Act , ('KM Act’ for short).

4. The Tribunal allowed the appeal and set aside the order passed by the Municipality and directed the Municipality to initiate fresh proceedings under Section 406 of the KM Act.

Aggrieved by the said order, the writ petitioner approached this Court by filing W.P.(C) No.35074 of 2025.

5. Initially, the learned Single Judge of this Court dismissed the writ petition holding that the writ petitioner ought to have approached the Tribunal for appropriate modification or execution of its order. Subsequently, the writ petitioner filed Review Petition No.1401 of 2025, contending that there was an error apparent on the face of the record of the judgment in W.P(C)

No.35074 of 2025.

6. The learned Single Judge, after hearing the arguments of the learned counsel for the review petitioner/appellant herein, by order dated 05-11-2025, reviewed its judgment dated 25.09.2025 and ordered that the observation in paragraph 2 of the judgment dated 25.09.2025 that ‘the Tribunal has dismissed the appeal filed by the fourth respondent’, should be read as ‘the Tribunal has disposed of the appeal by directing the second respondent Municipality to initiate fresh proceedings under Section 406 of the Kerala Municipality Act against the 4^th respondent, if the alleged violation still exists'.

7. Feeling aggrieved by the same, the writ petitioner filed this Writ Appeal. Learned counsel for the appellant has contended that in spite of the order passed by the Tribunal and after the dismissal of the Writ petition by the learned Single Judge, the second respondent has not issued any notice as per Section 406 (1) of the KM Act and the construction is already completed; but there is no order for demolition.

8. Learned counsel appearing for respondent Nos.2 and 3 submits that the very appeal itself is not maintainable and has become infructuous and no order was passed by the Tribunal for demolition and other acts. The appeal filed by the 4^th respondent before the Tribunal has been allowed by setting aside the order of the second respondent Municipality and the matter is remitted back for fresh consideration. Thereafter, the second respondent already issued notice on 24-11-2025 and the matter had been heard on 30-12-2025. The matter is pending before the second respondent Municipality for final consideration. Hence at this stage, Court cannot interfere with the order.

9. Upon hearing the arguments and perusing the records, we find that it is not in dispute that the very same petitioner approached the learned Single Judge of this Court in Writ petition for issuing a direction to the second respondent for fixing the time limit for demolition. The learned Single Judge previously dismissed the writ petition by directing the petitioner to approach the same Trib