'Not Proper At This Stage': Kerala High Court Refuses To Quash Order Restraining Construction Of Commercial Kiosks In Queen's Walkway

The Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar remarked that it would not be proper for it to consider the appeal presently:

“The very question as to whether the impugned interim order granted at the time of admission needs to be modified, vacated or confirmed is under consideration by the learned Single Judge. The next four days, i.e., 02.04.2026 and 03.04.2026, are holidays. The impugned order was passed on 24.02.2026. It is not proper for this Court to entertain the writ appeal at this stage.”

On March 30, the Single Judge had orally questioned GIDA regarding its authority to construct the proposed 20 commercial kiosks on Queen's walkway. GIDA was also directed to produce the records reflecting its ownership over the road and the plans showing that footpath would not be utilized for the construction of kiosks.

On March 31, the apartment owners had preferred an application before the Single Bench to appoint an Advocate Commissioner and GIDA had opposed the same. The Single Bench had posted the case on April 7 (Tuesday) for hearing the parties.

It was the next day (April 1) that the appeal was heard by the Division Bench. GIDA had contended that the property where the kiosks are proposed to be set up belonged to GIDA and not to the petitioner. It was further pointed that constructions would not be on the footpath but on the duct space adjacent to the walkway.

GIDA also raised a point that the writ petition was in the nature of a public interest litigation. It was also pointed out that GIDA has entered into contract with a third party for the construction, which was to commence from April 1. It was highlighted that there would be damages in case of delay and that the petitioners are taking advantage of the Single Bench's interim order to further delay the proceedings with the application for Advocate Commissioner.

However, the Division Bench felt that it would not be appropriate to consider the appeal at the present stage and dismissed the appeal.

“Whether pending consideration of the commission application, the question of modification could be considered, are all matters to be urged before the learned single judge. Resultantly, leaving open the rival contentions, the Writ Appeal is dismissed,” the Bench added.

Case No: WA No. 839 of 2026

Case Title: Goshree Islands Development Authority and Anr. v. Tritvam Apartment Owners Association and Ors.

Citation: 2026 LiveLaw (Ker) 186

Counsel for the appellants: Varghese K. Paul, George Poonthottam (Sr.)

Counsel for the respondents: S. Muhammed Haneeff - Tritvam Apartment Owners Association

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