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2026 Supreme(Online)(Ker) 30182

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
C. Girishadas – Appellant
Versus
District Collector – Respondent
WP(C) No. 16890 of 2026



Advocates:
For the Appellants/Petitioners: M.R.Sarin
For the Respondents: T Naveen, Deepa V

Administrative authorities are mandated to consider and adjudicate upon duly submitted representations concerning the legality of business establishments within a specified timeframe, ensuring principles of natural justice through notice and hearing.

Headnote:The petitioner filed a writ petition seeking a direction for authorities to take action against an illegal poultry farm allegedly functioning without a valid license. The court acknowledged the grievance regarding the lack of license and the failure of local authorities to act upon a pending representation. The main issue was whether the local authority is obligated to consider a representation regarding the alleged illegal operation of a business. The court applied the principles of administrative law, determining that statutory authorities must address citizens' grievances by considering them on merits after providing notice to the affected parties. The writ petition is disposed of, directing the relevant local body to consider the petitioner's representation after affording a hearing to both the petitioner and the operator of the poultry farm within 30 days.

Table of Content
1. petitioner seeks intervention against unlicensed business operations. (Para 1 , 2)
2. mandatory consideration of citizen representations by administrative bodies. (Para 3 , 4 , 5)

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" A Issue a writ of Mandamus or any other appropriate order writ or direction directing the 2nd and 3rd respondent to stop the illegal functioning of the poultry farm conducting by the 6th respondent without obtaining valid license from the competent authority.

B. Issue a writ of Mandamus or any other appropriate order writ or direction directing the 3rd to 5th respondents to consider the Exhibits.P3 to P5 representation filed by the petitioner and take appropriate action on it. C. To dispense with the filing of translation of vernacular documents.

D. 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 grievance of the petitioner is that an illegal poultry farm is being conducted by the 6th respondent, and the 3rd respondent is not taking any action.

3. Heard the learned counsel for the petitioner and the Standing Counsel appearing for the Panchayat and the Pollution Control Board. I also heard the Government Pleader.

4. The manner in which this writ petition is going to be disposed of, no notice is necessary to the 6th respondent. If the 6th respondent is aggrieved by any of the directions issued by this court, he is free to file a review petition before this court.

5. The grievance of the petitioner is that, the poultry farm is conducted without any license, and the petitioner relied on Ext.P2 information furnished by the Panchayat under the Right to Information Act. I do not want to make any observation about the same. Petitioner has already submitted Ext.P3 before the 3rd respondent. There can be a direction to the 3rd respondent to consider Ext.P3 with notice to the petitioner and the 6th respondent within a time frame.

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

1. The 3rd respondent is directed to consider Ext.P3 and pass appropriate orders in it, after giving sufficient opportunity of hearing to the petitioner and the 6th respondent, as expeditiously as possible, at any rate, within a period of 30 days from the date of receipt of the certified copy of the judgment.

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