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) 16043

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
GLEN GEORGE – Appellant
Versus
KOZHIKODE MUNICIPAL CORPORATION – Respondent
WP(C) NO. 8341 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.ARUN KRISHNA DHAN, SRI.ARJUN SREEDHAR, SHRI.T.K.SANDEEP, SMT.SWETHA R., SHRI.ADWAITH KRISHNA K.G., SMT.ANJANA S.S., SMT.SNEHA ANNA MATHEW
For the Respondents: SRI.G.SANTHOSH KUMAR (P)

The necessity of providing a hearing before executing actions that affect a party's rights is essential in law.

Headnote:The Court analyzed the right of the petitioner to be heard before the removal of a LED hoarding under the applicable statutes and existing precedents. It found that the petitioner had a legitimate grievance about the lack of a hearing prior to the order's issue and directed the first respondent to reconsider the application after due process. Issues framed included the necessity of a hearing before decisions impacting rights. The Court concluded by directing the first respondent to review the application and suspended coercive actions based on the prior order pending a fair hearing.

Table of Content
1. petitioner sought to challenge removal of hoarding. (Para 1 , 2)
2. court emphasized fair hearing before order enforcement. (Para 3 , 4)

JUDGMENT

The above writ petition is filed with following prayers :

i) “Issue writ of certiorari or any other appropriate writ or order to call for the records and to quash Ext.P7 order;

ii) Issue a writ of Mandamus or any other appropriate writ, order, or direction commanding the 1st Respondent to consider and pass orders on the Exhibit-P2 Application dated 7-07-2024, on its merits and in accordance with law, after affording the Petitioner an opportunity of being heard, within the time frame to be stipulated by this Hon'ble Court;

iii) Grant such other reliefs as are deemed just and necessary in the facts and circumstances of the case.” [sic]

2. A confirmation order is passed as evident by Ext.P7 to remove a LED hoarding. The grievance of the petitioner is that the same is passed without giving an opportunity of hearing to the petitioner. The petitioner submitted Ext.P8. The same is also not considered is the grievance.

3. This Court considered the contentions of the petitioner and the Standing Counsel appearing for the 1st respondent. No notice is necessary to the 2nd respondent at this stage. If they are aggrieved by any of the directions issued by this Court, they are free to file a review petition before this Court.

4. Considering the facts and circumstances of this case, without going to the merit of the case, there can be a direction to the 1st respondent to consider Ext.P8 and till then, coercive steps based no the impugned order can be deferred.

Therefore, this writ petition is disposed of with the following directions :

1) The 1st respondent is directed to consider Ext.P8 after giving an opportunity of hearing to the petitioner and the 2nd respondent, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a certified copy of this judgment.

2) Till final orders are passed, coercive steps based on Ext.P7 shall be kept in abeyance.

sd/-

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