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2026 Supreme(Online)(Ker) 20245
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SUKANYA S – Appellant
Versus
THIRUVANANTHAPURAM CORPORATION – Respondent
WP(C) NO. 8004 OF 2026
For the Appellants/Petitioners: SRI.MILLU DANDAPANI
For the Respondents: SRI SUMAN CHAKRAVARTHY, SC
The petitioner is entitled to a hearing before any demolition orders can be finalized under the Kerala Municipalities Act.
Headnote:This writ petition seeks the quashing of Exts. P7 and P8 pertaining to demolition orders under Section 406 of the Kerala Municipalities Act. The court mandates an opportunity for the petitioner to be heard before final orders are issued, with coercive measures remaining suspended pending the conclusion of the proceedings.
| Table of Content |
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| 1. writ petition filed seeking quashing of demolition orders. (Para 1) |
| 2. court ensures right to a hearing before demolition. (Para 2) |
JUDGMENT
This writ petition is filed with the following prayers:-
“i. Issue a writ, order or direction in the nature of certiorari calling for records leading to Ext. P7 and quash the same.
ii. Issue a writ, order or direction in the nature of certiorari calling for records leading to Ext. P8 and quash the same.
iii. Issue a writ, order or direction in the nature of declaration declaring that the Kerala Municipality Building Rules 2019 is not applicable to the building the petitioner since the same is completed as early as in 1990.
iv. Issue a writ, order or direction in the nature of mandamus directing the 1st respondent to reassess the building and record the same in the assessment register.
v. Grant such other or any further relief as this Hon’ble Court may deem fit and proper in accordance to the facts and circumstances of this case. And vi. Award Costs.” (SIC)
2. The petitioner challenges Exts.P7 and P8. Ext.P8 is only a provisional order passed by the Corporation in accordance with Section 406 (1) and (2) of the Kerala Municipalities Act . The petitioner submitted that after Ext.P8, Ext.P7 is issued for demolishing. I am of the considered opinion that when under Section 406 (1) and (2) notice is issued, the Corporation should hear the parties and pass appropriate final orders in accordance with law. Till then coercive steps shall not be taken.
Therefore, this Writ Petition is disposed of with the following directions:
a) The respondent will take appropriate steps in concluding the proceedings initiated as evident by Ext.P8, after giving sufficient opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment.
b) Till final orders are passed, the coercive steps based on Exts.P7 and P8 shall be kept in abeyance.
Sd/-
