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2026 Supreme(Online)(Ker) 14204

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SHIBU B – Appellant
Versus
THE SECRETARY, KOLLAM CORPORATION – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.R.RAJAN, SRI.SAJU J PANICKER
For the Respondents: SRI S SREEKUMAR(KOLLAM), SC

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i. To issue a writ of certiorari calling for records relating to Ext P5 and quash the same.

ii. Pass appropriate order dispensing with the translation of vernacular documents produced in the Memorandum of Writ Petition and accepting the same.

iii. Such other relief this Hon’ble court deems fit and proper to grant in the facts and circumstances of the case."

[SIC]

2. The petitioner is challenging Ext.P5 order passed in accordance with Section 406 (3) of the Kerala Municipality Act , 1994 (for short ‘Act 1994’). Admittedly, it is an appealable order. Therefore, in the light of the principle laid down by this Court in Suresh K. v. Municipal Corporation of Kollam [ 2026 (1) KHC 406 ], the Writ Petition is not maintainable.

3. At this stage, the counsel appearing for the petitioner submitted that there is violation of the mandatory provisions of Section 406 (2) of Act 1994. The counsel submitted that a perusal of Ext.P5 would show that only a provisional order is passed, and that there is no show cause in accordance with (2) and thereafter a hearing.

4. The Standing Counsel appearing for the Corporation takes me thr

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