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2026 Supreme(Online)(Ker) 13631

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
V CHANDRABABU ACHARI – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER – Respondent
WP(C) NO. 11750 OF 2024 | CRRP NO.23 OF 2022



Advocates:
For the Appellants/Petitioners: SRI.G.BHAGAVAT SINGH, SHRI.KELU BHAGAVAT
For the Respondents: SHRI.SUMAN CHAKRAVARTHY, SC, THIRUVANANTHAPURAM CORPORATION, SHRI.M.BALAGOVINDAN, SHRI.LAL KUMAR N., GP, SRI K JANARDHANA SHENOY

A writ of mandamus may be issued to compel compliance with orders when prior authority directives are not implemented, but may be dismissed if compliance renders further direction unnecessary.

Headnote:The court analyzed the relevant provisions and orders concerning the implementation of Ext.P5 relating to property and local authority matters. The case involved a petitioner seeking a writ of mandamus, and the court held that upon confirmation of actions taken, no instructions were deemed necessary, leading to the disposal of the case. The key issue revolved around whether further action was warranted given the removal of trees. The court found direct links to the proceedings and orders from previous authority directives. Resultantly, the writ petition was disposed of.

Table of Content
1. court explored compliance with prior orders. (Para 1 , 2)
2. petitioner’s request rendered unnecessary. (Para 3)

JUDGMENT

The above writ petition is filed with the following prayers:

“a) issue a writ of mandamus directing the 1st respondent to consider and pass appropriate orders on Ext.P-4 as directed in Ext.P-8;

b) direct the 1st respondent to implement Ext.P-5 order as an interim order under section 133 of the Act;

c) dispense with filing of translation of vernacular documents;

and d) issue appropriate writ or order or direction this hon’ble court may deem fit and proper to the facts and circumstances of the case.” (SIC)

2. The main prayer in this writ petition is to implement Ext.P5 order. When this writ petition came up for consideration on 22.03.2024, this Court passed the following order:

“Admit. Government Pleader takes notice for respondents 1 and 3. Standing Counsel takes notice for the 2nd respondent. Issue urgent notice to the 4th respondent by speed post.

2. After going through Ext.P9, I am of the considered opinion that the same is to be kept in abeyance in the light of the order from the Session Court as evident from Ext.P8. Therefore, Ext.P9 is stayed for a period of four months. But, I make it clear that the Executive Magistrate/Sub Divisional Magistrate shall proceed forthwith as directed in Ext.P8 order.

The respondents are free to file counter affidavit and bring up the matter if there is any urgency. If any urgent memo is filed, the Registry will post this matter immediately.”

3. Now, the counsel appearing for the 4th respondent submitted that the trees have already been cut and removed. If that be the case, no further direction is necessary in this case.

Recording the above submission, this Writ Petition is disposed of.

Sd/-

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