IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. Kunhikrkishnan, J
PARIYAT FOUSIA – Appellant
Versus
SREEKANDAPURAM MUNICIPALITY – Respondent
| Table of Content |
|---|
| 1. discussion on the parameters of appealability. (Para 2 , 3) |
JUDGMENT
“(i). call for the records connecting Exhibit P26 order dated 7/5/2025 issued by the 2nd respondent and quash Exhibit P26 by issuing a Writ of Certiorari or any other appropriate Writ, Order or Direction;
(iii). Petitioner also prays that this Hon’ble Court may be pleased to dispense with the English translation of the documents produced in the Vernacular Language. And (iv). Such other reliefs as deem fit and proper by this Hon’ble Court in the facts and circumstances of the case.” (SIC)
“10. It is a settled position that once the period prescribed for limitation for filing an appeal is over and the additional one month for which the Tribunal can condone the delay is also over, the Tribunal cannot entertain an appeal. Admittedly the petitioner has not filed any statutory appeal within the period prescribed or within the period which can be condoned by the tribunal.In such a situation, the question to be decided is whether this Court can entertain the writ petition under Article 226 of the Constitution of India if there is manifest error in the order.
“15. We may now revert to the Full Bench decision
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