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) 14426

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
THOMAS C VARGHESE – Appellant
Versus
THANNEERMUKKAM GRAMA PANCHAYATH – Respondent
WP(C) NO. 15622 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.S.SUJIN, SMT.NITA.N.S., SMT.T.N.GIRIJA, SHRI.N.BHARAT, SHRI.B.BILWIN, SMT.KEERTHI M., SMT.V.R.LAKSHMI
For the Respondents: SRI.K.JANARDHANA SHENOY,GP, SRI.DARSAN SOMANATH, SRI.U.JAYAKRISHNAN, SMT.SRUTHY XAVIER, SMT.ANJANA T.S., SHRI.AEBLE BENNY

The court permits a party to challenge administrative notices by filing objections, ensuring fair procedural review by the issuing authority.

Headnote:This writ petition was filed challenging a notice issued by the Panchayat to halt the petitioner's wall construction due to alleged violations of Kerala Municipality Building Rules. The court allowed the petitioner to file objections to the notice, mandating the Panchayat to consider them with a timely hearing. The final directions included a three-week period for submitting objections and a six-week period for the Panchayat to respond. The court decided on procedural grounds without delving into the merits of the case.

Table of Content
1. description of the petitions and requests made. (Para 1 , 2)
2. discussion on the hearing and counsel hearing. (Para 3)
3. court's procedural directions for the case. (Para 4)

JUDGMENT

The above writ petition is filed with the following prayers:

“i. To issue a writ of Certiorari or any other writ or order, calling for the records leading to Ext. P3 notice and quash the same;

ii. To issue a Writ of Mandamus or any other appropriate writ or order or direction directing the 1st respondent Panchayath to not obstruct the petitioner from constructing a wall within the boundaries of his property;

iii. Dispense with the translation of vernacular documents;

iv. To issue such other further reliefs as this Honorable Court may deem fit and proper in the facts and circumstances of this case.” (SIC)

2. The petitioner is aggrieved by Ext.P3 notice issued by the 1st respondent Panchayat. In Ext.P3, the petitioner is directed to stop the construction of a wall, which according to the 2nd respondent is in violation of the Kerala Municipality Building Rules. Aggrieved by Ext.P3, this writ petition is filed.

3. Heard, the learned counsel appearing for the petitioner, learned Standing Counsel for the Panchayat and also the learned Government Pleader.

4. This Court perused Ext.P3 notice. The petitioner has got different contentions against Ext.P3. I am of the considered opinion that this writ petition need not be retained here and this Court need not decide the matter on merit. The petitioner can be allowed to file his objection against Ext.P3, within a time frame and there can be a direction to consider the same, within a time frame, after giving an opportunity of hearing to the petitioner and other affected parties.

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

1. The petitioner is free to submit his objection to Ext.P3 before the 2nd respondent, within a period of three weeks from the date of receipt of a certified copy of this judgment.

2. If such an objection is received, the 2nd respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and other affected parties, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of the objection.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE nvj

Judgment reserved NA
Date of Judgment 24.02.2026
Judgment dictated 24.02.2026
Draft Judgment placed 25.02.2026
Final Judgment uploaded 26 .02.2026
APPENDIX OF WP(C) NO. 15622 OF 2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED

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