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2026 Supreme(Online)(Ker) 14447

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
K.RAVEENDRAN NAIR – Appellant
Versus
THE THIRUVANANTHAPURAM CORPORATION – Respondent
WP(C) NO. 38521 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.AKHIL SUSEENDRAN
For the Respondents: SHRI.SUMAN CHAKRAVARTHY, SC, THIRUVANANTHAPURAM CORPORATION, SRI.SHAJIN S.HAMEED, SHRI.GISON ALIYAS, SMT.PREETHA K K, GP

Petitioners have the right to contest the notice against them through a proper objection, ensuring procedural fairness.

Headnote:This judgment addresses the petitioners' challenge against Ext.P6 notice concerning the alleged encroachment on Corporation property. The Court finds that the petitioners are entitled to file objections to the notice, emphasizing a fair hearing process as mandated by law. The Court therefore disposes of the writ petition, allowing the petitioners to file objections within three weeks and directing the relevant authorities to consider these objections expeditiously. The final ruling preserves petitioners' rights while deferring coercive actions until objections are resolved.

Table of Content
1. prayers made in writ petition. (Para 1)
2. notice regarding alleged encroachment. (Para 2)
3. petitioners allowed to file objections. (Para 3)

JUDGMENT

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

"i. To issue a writ of certiorari quashing the Exhibit P6 notice by the 3rd respondent as the same is unwarranted, illegal, arbitrary, without jurisdiction;

ii. To issue a writ of mandamus, order or any other appropriate writ, order or direction commanding the 3rd respondent to terminate all the proceedings initiated against the petitioners, pending order in OS No. 652/2022 before the Munsiff's Court, Thiruvananthapuram;

iii. To dispense the filing of English Translation of the Malayalam documents produced in this Writ Petition; and iv. To issue such other writ, order or other appropriate direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

[SIC]

2. The petitioners are aggrieved by Ext.P6 notice issued by the 3rd respondent. Ext.P6 is only a notice issued to the petitioners regarding the encroachment of the Corporation road. If the petitioners have any grievance against Ext.P6, the petitioners can file appropriate objection to Ext.P6, and if such an objection is received, there can be a direction to the Corporation authorities to consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners.

3. At this stage, the counsel appearing for the petitioners submitted that the petitioners are ready to file an objection.

In the light of the above submission, this Writ Petition is disposed of in the following manner:

1. The petitioners are free to file appropriate objection to Ext.P6 within three weeks from the date of receipt of a certified copy of this judgment.

2. If such an objection is received, the competent authority among respondents 1 to 3 will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of the objection.

3. If the objection is filed as directed above, further coercive steps based on Ext.P6 shall be kept in abeyance till final orders are passed in the objection.

Sd/-

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