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2026 Supreme(Online)(Ker) 13302

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
HUBAIB AHAMMED – Appellant
Versus
CHERIYAMUNDAM GRAMAPANCHAYATH – Respondent
WP(C) NO. 6895 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.P.A.MUJEEB, SMT.RESHMA R., SMT.NEZRIN T. IBRAHIM, SHRI.N.A.SHAFEEK

The court emphasized the necessity of procedural fairness in administrative licensing decisions, ensuring affected parties have an opportunity to be heard.

Headnote:The writ petition seeks a mandamus directing the 1st respondent to consider application Ext.P5 regarding a Convention Centre license. The petitioners contested the license's issuance, seeking timely consideration. The court mandated consideration within three months, asserting no merits were evaluated, allowing responses from affected parties. Results determined procedural compliance prioritizing opportunity to be heard.

Table of Content
1. writ petition's purpose and challenges outlined. (Para 1 , 2)
2. court allows case to proceed without merits consideration. (Para 4)
3. clear directives issued for compliance. (Para 6)

JUDGMENT

The above writ petition is filed with the following prayers:

“(i) Issue a writ of mandamus or any other order or direction to 1st respondent to consider Ext.P5 application and take appropriate action in accordance with law, within a time frame that may fixed by this Hon’ble court.

(ii) Grant such other reliefs as this court deems fit and proper in the circumstances of the case including cost of this writ petition(civil), so as to secure the ends of justice.

(iii) Please to dispense English translation of malayalam exhibits.”

2. When this writ petition came up for consideration, the learned counsel for the petitioners submitted that it would be sufficient if a direction is issued to the Panchayat to consider Ext.P5 within a time frame. The petitioners have challenged the issuance of licence to the 2nd respondent to operate a Convention Centre.

3. Heard the learned counsel for the petitioners.

4. The manner in which this writ petition is going to be disposed of, no notice is necessary for the respondents. If the respondents are aggrieved by any of the directions issued by this Court, they are free to file a review petition before this Court. 5. As mentioned earlier, the only prayer in this writ petition is to direct the 1st respondent to consider Ext.P5. I think that prayer can be allowed, on condition that the 1st respondent will consider the same, with notice to the affected parties. I make it clear that, I have not considered the matter on merits and the 1st respondent is free to pass appropriate orders after giving an opportunity of hearing to the petitioners and other affected parties.

6. Therefore, this writ petition is disposed of in the following directions:

(i) The 1st respondent is directed to consider Ext.P5 and pass appropriate orders, after giving sufficient opportunity of hearing to the petitioners and respondent Nos. 2 to 5, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment.

(ii) I make it clear that, I have not considered the matter on merits and the 1st respondent is free to pass appropriate orders in accordance with law.

(iii) The petitioners will produce a certified copy of this judgment along with a copy of this writ petition with exhibits before the 1st respondent for compliance.

Sd/-

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