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2026 Supreme(Online)(Ker) 16399

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SURESH.T – Appellant
Versus
MUNICIPAL CORPORATION THIRUVANANTHAPURAM – Respondent
WP(C) NO. 8591 OF 2026



Advocates:
For the Appellants/Petitioners: ADV SRI.M.R.SARIN
For the Respondents: ADV SHRI.SUMAN CHAKRAVARTHY, SC, THIRUVANANTHAPURAM CORPORATION

The court confirmed the appealability of the order under Section 406(3) of the Kerala Municipality Act and permitted time for the appellant to appeal.

Headnote:This writ petition was filed to issue a certiorari to quash the order passed under Section 406(3) of the Kerala Municipality Act commanding the second respondent. The Court found the order to be appealable and granted a 20-day deferral for the appellant to approach appellate authority.

Result: The writ petition is disposed of with the above observations.

JUDGMENT

The above writ petition is filed with following prayers :

a. “To issue a writ in the nature of certiorari or any other appropriate writ, order or direction commanding the 2nd respondent to quash the Exhibit P6 order issued by the

2nd respondent dated 19.2.2026 to the petitioner.

b. To issue a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to consider the Exhibit P7 representation filed by the petitioner dated 28.2.2026 before the 2nd respondent.

c. To Issue such other writ, order or directions which are deemed to be fit and proper on the basis of the facts and circumstances of this case; in the interest of justice.” [sic]

2. The impugned order in this case is Ext.P6.

Ext.P6 is an order passed under Sec.406(3) of the Kerala Municipality Act . Admittedly, it is an appealable order. Therefore, I am not inclined to entertain this writ petition. At this stage, the counsel for the petitioner submitted that, in Ext.P6, the petitioner is directed to demolish the structure within 15 days. A breathing time may be given to approach the appellate authority is the submission. Considering the facts and circumstances of this case, I think 20 days time can be given.

Therefore, the further proceedings based on Ext.P6 shall be deferred for a period of 20 days. In the meanwhile, the petitioner can approach the appellate authority, in accordance with law.

With the above observation, this writ petition is disposed of.

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