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2026 Supreme(Online)(Ker) 4470

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. Kunhikrishnan, J
C.K. FRANCIS – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C) NO. 30287 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.SADCHITH.P.KURUP, SHRI.VINOD JABAR, SHRI.C.P.ANIL RAJ, SHRI.SIVA SURESH, SMT.RESHMA RAJ
For the Respondents: SHRI.K.B.GANGESH, SC, KAIPARAMBU GRAMA PANCHAYAT, SMT DEEPA V

Petitioners must be given an opportunity to present objections before decisions are made by local authorities.

Headnote:This writ petition was initiated for quashing several demand notices and for a mandamus directing the 4th respondent to address the petitioner's objection with a hearing opportunity. The Court determined to keep certain proceedings in abeyance conditioned on the deposit of part of the demanded amount. The 4th respondent was directed to ensure consideration of the objection promptly. The primary issues addressed involved the legality of the notices and the procedural requirements for handling objections. The Court emphasized the necessity of opportunity for the petitioner to present their case. The final directive is for the 4th respondent to review the objection and hear the petitioner within six weeks.

Table of Content
1. writ petition for quashing demand notices. (Para 1)
2. conditions for processing objection and hearings. (Para 2)
3. court's directive for immediate review of the petitioner's request. (Para 3)

JUDGMENT

The above writ petition is filed seeking the following reliefs:

“A) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibits P1, P4, P5, P6 & P7 and illegal.

B) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to consider the Exhibit P3 objection and pass orders with an opportunity of hearing to the petitioner.

C) Petitioner also prays that this Hon’ble Court may be pleased to dispense with the translation of the vernacular documents produced in the vernacular language.

D) Grant such other reliefs, which are deemed fit and proper in the facts and circumstances of the case.” [SIC]

2. When this Writ Petition came up for consideration on 15.09.2023, this Court passed the following order:

“Notice before admission.

2. Learned Government Pleader takes notice for respondents 1 to 3. Learned Standing Counsel takes notice for the 4th respondent.

3. In the meantime, the proceedings pursuant to Exts.P6 and P7, shall be kept in abeyance for a period of six weeks, on condition that the petitioner deposits an amount equivalent to 50% of the demand in Exts.P6 and P7, within a period of two weeks from today.

3. Thereafter, when the matter came up for consideration on 25.11.2025, this Court passed the following order:

“Interim order is extended by three months on condition that the petitioner will pay the balance amount due, within two months.”

4. The counsel appearing for the Panchayat submitted that the condition imposed on 25.11.2025 is not complied with. If that be the case, this writ petition need not be retained here. There can be a direction to the 4th respondent to consider Ext.P3 with notice to the petitioner.

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

1. The 4th respondent is directed to consider Ext.P3, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a certified copy of this judgment.

Sd/-

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