SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 5706

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



Advocates:
For the Appellants/Petitioners: SRI.LIJU.V.STEPHEN, SMT.INDU SUSAN JACOB, SMT.JIJI JOY, SHRI.SANJAY JOHNSON MATHEW
For the Respondents: GP – SMT. DEEPA V

A direction for a hearing opportunity is affirmed in administrative proceedings related to local governance disputes.

Headnote:The Writ Petition seeks Mandamus to direct the second respondent to hear the petitioner regarding a Panchayath road dispute following earlier judgment (Exhibit P3). The court mandates consideration of the petitioner's representation (Exhibit P4) while providing an opportunity for hearing. The outcome stipulates a directive for the second and third respondents to hear the petitioner before concluding the proceedings, if not already completed.

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

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
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)

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top