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) 13630

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
K. RAMESH – Appellant
Versus
CORPORATION OF THIRUVANANTHAPURAM – Respondent
WP(C) NO. 9629 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.R.HARIKRISHNAN (H-308), SRI.V.SURESH, SRI.G.SUDHEER, SMT.SMRITHI S.S.
For the Respondents: SHRI.MUHAMMED SAFEER A., SHRI.MOHAMMED RAZALI K.A, SHRI.SUMAN CHAKRAVARTHY, SC, THIRUVANANTHAPURAM CORPORATION

The court cannot issue directions to implement orders under the Kerala Municipality Act while an appeal is pending.

Headnote:This writ petition seeks a direction to the Corporation to implement certain orders under the Kerala Municipality Act. The main issue is whether this court can intervene given the pending appeal against the orders. The court finds that it cannot direct implementation while the stay is in place, advising the petitioner to revisit upon resolution of the appeal.

Table of Content
1. writ petition seeks enforcement of orders under a specific act. (Para 1 , 2)
2. pending appeal affects the court's jurisdiction. (Para 3)
3. court defers action pending appeal outcome. (Para 4)

JUDGMENT

The above writ petition is filed with the following prayers:

“[A] Issue a writ of mandamus or such other writ, order or direction as this Hon’ble Court may be pleased to grant directing the 1st respondent to enforce and implement Ext P3, P4 and P5 orders:

[B] Dispense with the filing of English translation of vernacular documents [C] Allowing such other reliefs as this hon’ble court may be pleased to grant in the facts and circumstances of the case.”

(SIC)

2. The main prayer in this writ petition is to implement an order passed under Section 406 (3) of the Kerala Municipality Act .

3. A statement is filed by the 1st respondent in which it is stated that an appeal is filed against the above order and the same is pending as Appeal No.75/2024 and there is a stay order also.

4. If that be the case, this Court cannot issue any direction at this stage. Once the appeal is disposed of and if there is any surviving grievance to the petitioner, the petitioner can approach this Court again. Based on the decision in the appeal, the Corporation authorities will do the needful, in accordance with law.

With the above observation, this Writ Petition is disposed of.

Sd/-

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