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2026 Supreme(Online)(Ker) 13622

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
RADHAKRISHNAN P.B. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 4785 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.T.I.UNNIRAJA, SRI.S.G.SREEKANTH, SRI.S.BADUSHA, SHRI.FAHEEM AHSAN.S, SHRI.VAIDERSH H.S, SHRI.R.S.VISRUTH, SHRI.NANDHU KRISHNA S. R.
For the Respondents: GP, SMT PREETHA K K, SRI S RUSSEL, SC

The court ensures timely consideration of pending matters while preventing coercive action during the review process.

Headnote:This judgment relates to WP

(C) 4785 of 2026, challenging Ext.P14 order by the Tribunal for Local Self Government Institutions. The petitioner requests mandamus and consideration of Ext.P11. The court identifies procedural delays and ensures the 1st respondent must act expeditiously, directing that coercive actions be held in abeyance pending resolution. The Tribunal's dismissal is thus conditionally stayed pending review.

Table of Content
1. challenging a demolition order. (Para 1 , 2)
2. directive for expeditious consideration of pending reviews. (Para 3)

JUDGMENT

The above writ petition is filed with the following prayers:

“(a) Issue writ of mandamus or certiorari or any other appropriate writ or order setting aside or quashing the Exhibit P14 order in Appeal no. 130/2024 dated 02/12/2025.

(b) Issue a writ of mandamus or any other appropriate writ, order, directing the 1st respondent to consider Exhibit P11 revision after hearing the petitioner.

(c) Issue any other orders as this Hon’ble Court deems fit and proper in the facts and circumstances of the case and also those are prayed for during the pendency of the case.

(d) Dispense with the filing of translation of vernacular documents.

(e) Order the cost of the petitioners.” (SIC)

2. This writ petition is filed challenging Ext.P14 order passed by the Tribunal for Local Self Government Institutions in Appeal No.130/2024. It will be better to extract the relevant portion of Ext.P14 order:

“8. In the appeal memorandum or at the time of hearing there was no convincing arguments or contentions sufficient to set aside or interfere with the impugned order of demolition passed by the 2nd respondent. Of late, the appellant filed an application as IA 03/25 with a request to keep the appeal in abeyance till the disposal of the review petition pending before the Government. It was submitted that the appellant had filed a review petition challenging the order dated 13/10/2023 issued by the 2nd respondent rejecting the application for regularization. That application was filed when the appeal was taken for orders. IA 03/25 was dismissed by this Tribunal vide separate order. The Government has not passed any interim order staying the demolition proceedings pending the review petition.

In the result, the appeal is dismissed confirming the demolition order passed by the 2nd respondent on 05/02/2024. The respondent shall take back the file from the office for further action. There is no order as to costs.”

3. The order in I.A. No.3/2025 in Appeal No.130/2024 filed before the Tribunal for Local Self Government Institutions, is produced before this Court in I.A. No.1/2026. This Court perused that order also. According to the petitioner, Ext.P11 is pending before the Government. If that be the case, without going through the merit of the case, there can be a direction to the 1st respondent to consider Ext.P11 and till then, there can be a direction to keep in abeyance coercive steps against the petitioner based on Ext.P14.

Therefore, this Writ Petition is disposed of with the following directions:

1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P11, if it is received and pending as on today, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.

2. Till final orders are passed as directed above, further coercive proceedings based on Ext.P14 shall be kept in abeyance.

3. The petitioner 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/-

P.V.KUNHIKRISHNAN, JUDGE nvj

Judgment reserved NA
Date of Judgment 23.02.2026
Judgment dictated 23.02.2026
Draft Judgment placed 24.02.2026
Final Judgment uploaded 26 .02.2026
APPENDIX OF WP(C) NO. 4785 OF 2026 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN WPC

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