IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
BIJU VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 3432 OF 2026
| Table of Content |
|---|
| 1. writ petition filed for hearing opportunity in panchayath dispute. (Para 1 , 2) |
| 2. court allows petitioner's hearing based on previous judgment. (Para 3) |
| 3. directives issued for further proceedings consideration. (Para 4) |
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i. To issue a Writ of Mandamus or any other appropriate Writ Order direction directing the 2nd Respondent to hear the Petitioner and to consider the document submitted by the Petitioner with regard to the dispute pertaining to the Panchayath road (known as Health Centre Padi-Plamoottil road in the Asset Register) while complying with the direction issued by Exhibit P3 judgment by this Hon’ble Court.
ii. To issue of writ of Mandamus or any other appropriate writ order directing the 2nd Respondent to consider the Exhibit P4 representation in accordance with law within a time frame fixed by this Hon’ble Court.
iii. Petitioner also prayed that this Hon’ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language. AND iv. To issue such other appropriate Writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case."
[SIC]
2. This Court as per Ext.P3 judgment directed the 2nd respondent to consider Ext.P7 produced in that Writ Petition after affording an opportunity of hearing to the petitioner in that Writ Petition. The counsel appearing for the petitioner submitted that the petitioner also may be heard before passing orders as directed by this Court, because a civil suit is pending and the petitioner wants to raise the same also before the authority.
3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader. The manner in which this Writ Petition is going to be disposed of, no notice is necessary to respondents 2 to 4. If they are aggrieved by any of the directions issued by this Court, they are free to file a Review Petition before this Court.
4. Considering the facts and circumstances of the case, I think there can be a direction to hear the petitioner also before concluding the proceedings as directed by this Court in Ext.P3 judgment, if it is not already concluded as on today.
Therefore, this Writ Petition is disposed of in the following manner:
The 2nd and 3rd respondents are directed to give an opportunity of hearing to the petitioner also while deciding the matter as directed by this Court in the judgment dated 10.11.2025 in W.P.(C) No.3908 of 2025, if the hearing as directed by this Court is not already concluded.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM
PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PLAINT FILED BY THE PETITIONER BEFORE HON’BLE MUNSIFF’S COURT, THIRUVALLA IN OS NO. 228/2024 DATED 15/07/2024 EXHIBIT P2 A TRUE COPY OF THE INJUNCTION ORDER DATED 17/07/2024 PASSED BY THE MUNSIFF COURT, THIRUVALLA IN IA NO.1/2024 IN OS NO. 228/2024 EXHIBIT P3 A TRUE COPY OF THE JUDGMENT IN WP (C)
Judgment reserved
NA
Date of judgment
29.01.2026
Judgment dictated
29.01.2026
Draft Judgment Placed
30.01.2026
Final Judgment Uploaded
31.01.2026
3908/2025 DATED 10/11/2025 PASSED BY THIS HON’BLE COURT EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 2ND RESPONDENT DATED 27/01/2026
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