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2026 Supreme(Online)(Ker) 14078

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
MUHAMMED ASLAM.U.V – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 7257 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.CIBI THOMAS, SMT.SWARNA THOMAS, SMT.MEENAKSHY V.S.
For the Respondents: SR GP, SMT VIDYA KURIAKOSE

The court asserts the necessity for authorities to act on pending applications and the importance of refraining from coercive actions during review.

Headnote:The petitioner seeks writs of certiorari and mandamus against a communication regarding operational consent. The court directed the respondent to consider the petitioner's application for consent and stay coercive measures until the decision is made. The main issues revolve around procedural compliance and the authority's duty to address pending applications. In conclusion, the court orders the respondent to act on the application within 30 days, maintaining the status quo regarding enforcement actions.

Table of Content
1. petitioner seeks operational consent issuance. (Para 1)
2. court directs consideration of application and abeyance of enforcement. (Para 2)

JUDGMENT

The above writ petition is filed with the following prayers:

“i) issue a writ of certiorari or any other appropriate writ calling for the records leading to Ext. P1 and quash the original of the same;

ii) issue a writ of mandamus or any other appropriate writ order or direction directing the 5th respondent to pass orders on Ext. P5 granting consent to operate to the petitioner ;

iii) permit the petitioners to produce translations of the vernacular documents as and when directed by this Hon’ble Court;

iv) issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

(SIC)

2. The main prayer in this writ petition is against Ext.P1. The petitioner submitted Ext.P5 for granting consent to operate before the 5th respondent. In the light of the above fact, I think, there can be a direction to the 5th respondent to consider Ext.P5 and pass appropriate orders in it, and till then coercive steps based on Ext.P1 can be kept in abeyance.

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

1. The 5th respondent is directed to consider Ext.P5 (if it is received and pending as on today) and pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of 30 days from the date of receipt of a certified copy of this judgment.

2. Till final orders are passed as directed above, coercive steps based on Ext.P1 shall be kept in abeyance.

Sd/-

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