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2026 Supreme(Online)(Ker) 30991

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
Muhammed Basheer Kp – Appellant
Versus
Tanur Municipality – Respondent
WP(C) NO. 17985 OF 2026



Advocates:
For the Appellants/Petitioners: Shibu Joseph
For the Respondents: Harish R Menon

The High Court may grant interim relief to maintain status quo and stay coercive action pending the disposal of interlocutory delay and stay applications before a specialized Tribunal to ensure the effectiveness of the legal remedy.

Headnote:The petitioner filed this writ petition seeking a direction to the Tribunal for Local Self Government Institutions to dispose of pending delay and stay applications in a time-bound manner, noting that coercive actions were being taken against the petitioner in the interim. The issue concerns the power of the High Court to grant interim protection pending the adjudication of interlocutory applications before a specialized Tribunal. The court held that to maintain the status quo and ensure that the ultimate challenge does not become infructuous, reasonable interim protection may be granted to stay coercive measures during the pendency of such applications. The writ petition was disposed of with a direction to the Tribunal to decide the applications within one month, while keeping the coercive actions in abeyance in the interim.

Table of Content
1. granting interim protection until the tribunal determines pending stay applications. (Para 1 , 2 , 3 , 4)

JUDGMENT

This writ petition is filed with the following prayers:-

“(A) To direct the Tribunal for Local Self Government Institutions, Thiruvananthapuram to consider and pass appropriate order in Exhibit P6 appeal after affording an opportunity of hearing, in a time bound manner.

(B) To direct the Tribunal for Local Self Government Institutions, Thiruvananthapuram to consider and pass appropriate order in Exhibit P7 application after affording an opportunity of hearing, in a time bound manner.

(C) To direct the Tribunal for Local Self Government Institutions, Thiruvananthapuram to consider and pass appropriate order in Exhibit P8 application after affording an opportunity of hearing, in a time bound manner.

(D) Issue a writ of certiorari or other appropriate writ or order quashing Exhibit P4 order passed by the 2nd respondent.

(E) Issue such other reliefs as this Hon’ble Court may deem fit and proper.

(F) Dispense with production of English translation of vernacular documents produced herewith. ”

(SIC)

2. The petitioner filed an appeal before the Tribunal for Local Self Government Institutions, Thiruvananthapuram as evident by Ext.P6 in the light of the directions issued by this Court in Ext.P5 judgment. There is delay of 27 days in filing the appeal and therefore, notice is ordered in the delay petition and the stay petition. In the meanwhile, there is coercive steps based on Ext.P4 is the submission. Hence, this writ petition.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Municipality.

4. After hearing both sides, I think there can be a direction to the Tribunal to consider Exts.P7 and P8, which are the delay and stay petitions, within a time frame and till then, coercive steps based on Ext.P4 can be kept in abeyance. Therefore, this Writ Petition is disposed of with the following directions:

a) The Tribunal for Local Self Government Institutions, Thiruvananthapuram is directed to consider and pass appropriate orders in Exts.P7 and P8, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

b) Till final orders are passed as directed above, coercive steps based on Ext.P4 shall be kept in abeyance.

c) I make it clear that the Tribunal for Local Self Government Institutions is free to pass appropriate orders in Exts.P7 and P8, in accordance with law, untrammelled by the interim order passed by this Court.

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