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2026 Supreme(Online)(Ker) 9855

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
HARIPRASAD N. – Appellant
Versus
THE SECRETARY, PALAKKAD MUNICIPALITY – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.SARATH M.S., SHRI.GOKUL DEVIS, SHRI.ATHUL KRISHNA A.
For the Respondents: SRI.BINOY VASUDEVAN, SRI.P.B.SUBRAMANYAN, SRI.SABU GEORGE, SMT.B.ANUSREE, SRI.MANU VYASAN PETER, SMT.MEERA P.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"(i) Issue a writ of certiorari, or direction or order calling for records pursuant to Ext. P7 and quash the same (ii) Pass such other and further reliefs as this Hon’ble Court may deem fit and proper in the interest of justice."

[SIC]

2. The impugned order in this case is an order passed under Section 406 (3) of the Kerala Municipality Act, 1994 . Admittedly, it is an appealable order before the Tribunal for Local Self Government Institutions (for short, ‘Tribunal’). In such circumstances, in the light of the principle laid down by this Court in Suresh K. v. Municipal Corporation of Kollam [ 2026 (1) KHC 406 ], this Writ Petition need not be entertained. This Court in the above decision observed like this:

“14. From the above authoritative judgments of this Court and the Apex Court, it is clear that, once the period prescribed in the statute for filing the appeal and the period which can be condoned as per the statute is over, a writ petition under Art.226 of the Constitution of India cannot be entertained by the High Court. It amounts to invoking the power under Art.226 of the Constitution of India against st

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