Kerala High Court
Ramakrishna Math vs Haripad Municipality on 2 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO.309 OF 2026
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2026:KER:8497
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
WP(C) NO. 309 OF 2026
PETITIONER/S:
RAMAKRISHNA MATH
PILAPUZHA NORTH, HARIPAD, ALAPPUZHA DISTRICT,
REPRESENTED BY ITS PRESIDENT, SWAMI
VEERABHADRANANDA, AGED 68 YEARS, S/O SRI
RAMAKRISHNA, NOW RESIDING AT RAMAKRISHNA MATH,
HARIPAD, ALAPPUZHA DISTRICT, PIN - 690514
BY ADV SHRI.D.ANIL KUMAR
RESPONDENT/S:
1 HARIPAD MUNICIPALITY
HARIPAD, ALAPPUZHA DISTRICT, REPRESENTED BY
ITS SECRETARY, PIN - 690514
2 THE SECRETARY
HARIPAD MUNICIPALITY, HARIPAD, ALAPPUZHA
DISTRICT, PIN - 690514
3 SAJI
AGED 48 YEARS
W/O PRADEEP KUMAR, CHERIYAPUNOOR VEEDU,
HARIPAD VILLAGE, HARIPAD, ALAPPUZHA DISTRICT,
PIN - 690514
4 THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS, CONVENT ROAD, NEAR COURT
JUNCTION, VANCHIYOOR, THIRUVANANTHAPURAM,
REPRESENTED BY SECRETARY, PIN - 695035
WP(C) NO.309 OF 2026
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BY ADVS.
SRI.M.R.ARUNKUMAR, SC
SMT.BHAVANA VELAYUDHAN
SRI.P.SHAMMI NAVAS
SMT.T.J.SEEMA
GP - SMT.PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.309 OF 2026
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P(C) No. 309 of 2026
-------------------------------
Dated this the 02nd day of February, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i. Issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate order quashing Exhibit-P7 order after calling for the records leading to the same;
ii. Issue a direction to the learned 4th respondent Tribunal to hear and dispose of Exhibit-P4 appeal on merits;
iii. Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Writ Petition, production of English translations of documents in vernacular, may kindly be dispensed with for the time being; And iv. To pass such other orders as this Honourable Court may deem fit and proper."
[SIC]
2. The petitioner is an organization, namely 'Ramakrishna Math'. According to the petitioner, the WP(C) NO.309 OF 2026 4 2026:KER:8497 petitioner owns various parcels of landed properties in Haripad. The petitioner Math has put up its buildings on a portion of the property owned by it, is the submission. On that property, the petitioner erected a sign board as "Ramakrishna Math", is the further submission. The said board is on the front portion of the property facing the road, is the submission. The sign board was put up several years ago and it has been there all along without any complaint from any quarters, is the further submission. On 02.11.2021, the 2nd respondent issued a notice on the petitioner stating that the sign board is put up encroaching into the public road, which is used by five families. According to the petitioner, the assertion made by the Secretary that the petitioner Math put up its sign board encroaching into the road is incorrect. It is the case of the petitioner that the Municipal Council has not heard the petitioner before passing such an order. The petitioner received Ext.P3 information from the Secretary of the Haripad Municipality stating that a decision is taken by the Council on 15.11.2021. The definite case of the petitioner is that the appeal was disposed of without giving an opportunity of hearing to the petitioner. Subsequently, the petitioner filed an appeal before the WP(C) NO.309 OF 2026 5 2026:KER:8497 Tribunal for Local Self Government Institutions (for short 'Tribunal'). The Tribunal dismissed the appeal as per Ext.P7 stating that, since the appeal is dismissed by the Municipal Council, no further appeal will lie before the Tribunal and only a revision is maintainable. Aggrieved by the same, this Writ Petition is filed.
3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the Municipality and the learned counsel appearing for the 3 rd respondent.
4. This Court perused Exts.P3 and P7. A perusal of Ext.P3 would show that the Council of the Municipality dismissed the appeal. It is the definite case of the petitioner that a copy of the appeal was not served to the petitioner and no hearing was also conducted before passing the order. The Standing Counsel appearing for the Municipality submitted that, as per Ext.P3, the decision of the Council in the appeal was communicated to the petitioner on 17.11.2025. But, a perusal of Ext.P3 would not show that the decision of the Council was communicated to the petitioner. Moreover, there is nothing in Ext.P3 to show that the Council decided the appeal after giving an opportunity of hearing to WP(C) NO.309 OF 2026 6 2026:KER:8497 the petitioner. Consequently, when the appeal was filed before the Tribunal, the Tribunal said that only a revision is maintainable.
5. I am of the considered opinion that this Writ Petition can be disposed of directing the Council of the Municipality to reconsider the appeal after giving an opportunity of hearing to the petitioner and the 3rd respondent within a time frame. To facilitate the Municipal Council to decide the matter, the decision of the Council dated 15.11.2021 can be set aside. The Council can decide the matter after measuring the property with the help of a Taluk Surveyor. Since I am passing such an order, the order passed by the Tribunal as evident by Ext.P7 also can be set aside.
Therefore, this Writ Petition is disposed of in the following manner:
1. The decision of the Council of the 1st respondent Municipality dated 15.11.2021, which is referred in Ext.P3 is set aside.
Ext.P7 order of the Tribunal is also set aside.
2. The Council of the 1st respondent Municipality is directed to reconsider the WP(C) NO.309 OF 2026 7 2026:KER:8497 appeal submitted by the petitioner and pass appropriate orders in it, after giving sufficient opportunity of hearing to the petitioner and the 3rd respondent, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.
3. Before deciding the matter, the 1st respondent is free to take necessary steps to survey the property with the help of a Taluk Surveyor with notice to the petitioner and the 3rd respondent.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Judgment reserved NA
Date of judgment 02.02.2026
Judgment dictated 02.02.2026
Draft Judgment Placed 02.02.2026
Final Judgment Uploaded 03.02.2026
WP(C) NO.309 OF 2026
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APPENDIX OF WP(C) NO. 309 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE NO.PW1-
5147/21 DATED 2.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE MUNICIPAL COUNCIL, HARIPAD MUNICIPALITY DATED 10.11.2021 EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.PW1-5147/21 DATED 17.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 21.11.2021 FILED BY PETITIONER BEFORE THE 4TH RESPONDENT TRIBUNAL EXHIBIT P5 TRUE COPY OF THE ORDER DATED 23.11.2021 IN I.A. NO.1255/2021 IN APPEAL NO.595/2021 BY THE 4TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE PLAINT IN O.S. NO.293/2021 DATED 19.11.2021 ON THE FILE OF MUNSIFF COURT, HARIPAD EXHIBIT P7 TRUE COPY OF THE ORDER DATED 10.11.2025 OF THE 4TH RESPONDENT TRIBUNAL IN APPEAL NO.595/2021