Kerala High Court
Super Flames vs Chellanam Grama Panchayat on 9 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 9996 OF 2025 1
2026:KER:11648
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
WP(C) NO. 9996 OF 2025
PETITIONER/S:
SUPER FLAMES,
BHARATGAS DISTRIBUTORS, 22/2085 C, PARAMBILOTH
BUILDING, SANTHOM ROAD, MUNDAMVELI P.O., KOCHI,
REPRESENTED BY ITS MANAGER, RAGHESH N., AGED 44
YEARS, SON OF RAMANKUTTY MENON., PIN - 682507
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.P.S.GIREESH
SHRI.ARJUN R NAIK
SHRI.UMASANKER U.U.
SHRI.ADITYA A. SHENOY
RESPONDENT/S:
1 CHELLANAM GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, ANDIKADAVU PO,
KANDAKADAVU, ERNAKULAM DISTRICT, PIN - 682008
2 THE SECRETARY,
CHELLANAM GRAMA PANCHAYAT, ANDIKADAVU P.O.,
KANDAKADAVU, ERNAKULAM DISTRICT, PIN - 682008
3 KRISHAN DEV GAUR (IS IMPLEADED AS ADDL.R3 IN THIS
WRIT PETITION AS PER ORDER DATED 09.02.26 IN IA
1/26) S/O LATE SHRI. D P GAUR, 8/758 MIG 24
WP(C) NO. 9996 OF 2025 2
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SHANTINAGAR COLONY, KOOVAPADAM, KOCHI
BY ADVS.
SRI.DINESH R.SHENOY
SHRI.SHAJI A.V.
SMT.KRIPA ELIZABETH MATHEWS
SMT.SHANTHIPRIYA D. SHENOY
SHRI.MOHAMED SHALI NAMSHAD
SHRI.JACOB JOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 9996 OF 2025 3
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P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 9996 of 2025
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Dated this the 9th day of February, 2026
JUDGMENT
The above writ petition is filed with following prayers :
(a) "Dispense the production of English Translation of Malayalam Exhibits;
(b) Call for the records and files leading to Exhibit P12 order issued by 2nd respondent and quash Exhibit P12 order, by issue of a writ in the nature of certiorari or any other appropriate writ, order or direction; and
(c) Grant such other and further reliefs as are deemed just and necessary in the facts and circumstances of the case including costs of this proceedings as also the following:"[sic]
2. The petitioner challenged Ext.P12 order passed by the 2nd respondent. The short point raised by the WP(C) NO. 9996 OF 2025 4 2026:KER:11648 petitioner is that Ext.P12 is a confirmation order passed without a provisional order under Sec.235(W)(1) of the Kerala Panchayat Raj Act (for short 'Act').
3. Heard the learned counsel for the petitioner, the Standing Counsel appearing for the Panchayat.
4. A perusal of Ext.P12 would not show that a provisional order is passed under Sec. 235(W)(1) of the Act before the final order is passed. For that short point, I think Ext.12 can be set aside. But, I make it clear that the Panchayat can pass appropriate orders in accordance to Sec.235(W) of the Act, after issuing a provisional order and after hearing the parties and thereafter pass a confirmation order or pass order concluding the proceedings.
Therefore, this writ petition is allowed in the following manner :
1) Ext.P12 is set aside.
2) The respondents 1 and 2 are free to proceed against the WP(C) NO. 9996 OF 2025 5 2026:KER:11648 petitioner, if there is any violation of the statutory provisions and Rules.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 09/02/2026
Judgment dictated 09/02/2026
Draft judgment placed 13/02/2026
Final judgment uploaded 17/02/2026 WP(C) NO. 9996 OF 2025 6 2026:KER:11648 APPENDIX OF WP(C) NO. 9996 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF BUILDING PERMIT NO.358/85-86 DATED 31.01.1986 ISSUED BY THE 2ND RESPONDENT TO PETITIONER Exhibit P2 TRUE COPY OF NOTICE NO.A-6596/19 DATED 14.11.2019 ISSUED BY 2ND RESPONDENT TO PETITIONER Exhibit P3 TRUE COPY OF NOTICE NO.A-7435/2019 DATED 05.12.2019 ISSUED BY 2ND RESPONDENT TO PETITIONER Exhibit P4 TRUE COPY OF NOTICE NO.A-7435/2019 DATED 09.12.2019 ISSUED BY 2ND RESPONDENT TO PETITIONER Exhibit P5 TRUE COPY OF REPLY LETTER DATED 20.12.2019 SUBMITTED BY PETITIONER TO 2ND RESPONDENT Exhibit P6 TRUE COPY OF NOTICE NO.A9/6596/2019 DATED 18.01.202 ALONGWITH PROVISIONAL ORDER NO.A9/6596/2020 DATED 18.01.2020 ATTACHED THEREWITH, ISSUED BY 2ND RESPONDENT TO THE PETITIONER Exhibit P7 TRUE COPY OF REPLY LETTER DATED 20.01.2020 SUBMITTED BY PETITIONER TO 2ND RESPONDENT Exhibit P8 TRUE COPY OF NOTICE NO.A9-6596/2019 DATED 29.01.2020 ISSUED BY 2ND RESPONDENT TO PETITIONER Exhibit P9 TRUE COPY OF ORDER NO.A9-6596/2019 DATED 04.02.2020 ISSUED BY 2ND RESPONDENT Exhibit P10 TRUE COPY OF NOTICE NO.SC4/4657/23 DATED 16.04.2024 ISSUED BY 2ND RESPONDENT TO PETITIONER Exhibit P11 TRUE COPY OF ORDER DATED 23.5.2024 IN W.P.(C) NO.18458 OF 2024 OF THIS HON'BLE COURT Exhibit P12 TRUE COPY OF ORDER NO.SC4-4657/2023 DATED 25.11.2024 SERVED ON THE PETITIONER ON 27.12.2024 BY 2ND RESPONDENT