The High Court may issue a direction to a statutory authority to consider a pending representation and grant an interim stay on coercive action to ensure compliance with principles of natural justice and fair procedure.

Headnote:The petitioner sought a writ of mandamus to compel the second respondent to consider a pending representation, Ext.P3, and requested an interim stay on coercive actions pursuant to Ext.P2. The court examined the urgency of the matter and the pendency of the representation before the authority. The court framed the issue regarding whether the authority should be directed to consider the representation while maintaining status quo on coercive proceedings. The court determined that in the interest of justice and to ensure due process, it was appropriate to mandate the consideration of the representation within a fixed period, thereby upholding the petitioner's right to be heard. The writ petition was disposed of with a direction to the second respondent to consider and pass orders on the representation after granting the petitioner an opportunity of hearing within one month, while keeping coercive steps in abeyance in the interim.

Table of Content
1. prayer for judicial intervention to compel consideration of pending administrative representation. (Para 1 , 2)
2. court's discretion to grant interim protection pending administrative decision-making. (Para 3 , 4)

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2^nd Respondent to consider and dispose Ext. P3 within a time frame to be fixed by this Hon’ble Court.

ii. Pass appropriate orders staying all coercive steps pursuant to Ext. P2, pending disposal of Ext. P3 Represntation.

iii. Such other appropriate writ, order, or direction that this Hon’ble court may deem fit and necessary in the facts and circumstances of the case and award costs."

[SIC]

2. The petitioner submitted Ext.P3 representation before the 2^nd respondent. Now, the petitioner apprehends that coercive steps will be taken based on Ext.P2 order. Hence, this Writ Petition is filed.

3. Heard the learned counsel for the petitioner. The manner in which this Writ Petition is going to be disposed of, no notice is necessary to the respondents. If the respondents are aggrieved by any of the directions issued by this Court, they are free to file a Review Petition before this Court.

4. If Ext.P3 is pending before the 2^nd respondent, there can be a direction to consider the same, and till then further coercive steps based on Ext.P2 can be kept in abeyance.

Therefore, this Writ Petition is disposed of in the following manner:

1. The 2^nd respondent is directed to consider Ext.P3 and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.

2. Till final orders are passed, further coercive steps based on Ext.P2 shall be kept in abeyance.

3. The petitioner will produce a certified copy of this judgment, along with a copy of this Writ Petition with exhibits, before the 2^nd respondent for compliance.

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2026 Supreme(Online)(Ker) 33367

IN THE HIGH COURT OF KERALA AT ERNAKULAMP.V.Kunhikrishnan, JSebin T.D – AppellantVersusAvinissery Grama Panchayat – RespondentWP(C) NO. 17715 OF 2026

The High Court may issue a direction to a statutory authority to consider a pending representation and grant an interim stay on coercive action to ensure compliance with principles of natural justice and fair procedure.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
Sebin T.D – Appellant
Versus
Avinissery Grama Panchayat – Respondent
WP(C) NO. 17715 OF 2026