Kerala High Court
M/S Kgd Kavitha vs Abdul Rahim on 31 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 28316 OF 2025 1 2025:KER:56900
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
WP(C) NO. 28316 OF 2025
PETITIONERS:
1 M/S KGD KAVITHA,
GOLD AND DIAMONDS PRIVATE LIMITED, REGISTERED OFFICE,
2ND FLOOR 35/5886-11, SKY TOWER, IKKANDA WARRIOR ROAD,
THRISSUR, REPRESENTED BY ITS DIRECTOR, PRASAD, S/O
RAJAGOPALAN, THOZHUTHUPARAMBIL HOUSE, RAJAPRASTHAM,
PANAYUR ROAD, VANIYAMKULAM P.O., OTTAPPALAM, PALAKKAD
DISTRICT, PIN - 679523
2 MANASA SILKS
SAREES, FANCY AND FOOT WEAR, NEAR PRIVATE BUS STAND,
MANNARKKAD, PALAKKAD DISTRICT, REPRESENTED BY ITS
PROPRIETOR, ABDURAZAQUE, AGED 69, S/O KUNHAMMEDKUTTY
KUNNUMMAL, ZAHIR HOUSE, T.C.ROAD, TIRURANGADI
MALAPPURAM DISTRICT,, PIN - 676306
BY ADV SRI.K.M.SATHYANATHA MENON
RESPONDENTS:
1 ABDUL RAHIM
AGED 63 YEARS
S/O LATE KHADER HAJI, POOKKODAN HOUSE, MUTHIRAMANNA,
THAZHEKOD WEST P.O., PERINTHALMANNA, MALAPPURAM, PIN -
679352
2 SECRETARY
MANNARKAD MUNICIPALITY MANNARKAD P.O., PALAKKAD
DISTRICT, PIN - 67858
3 MANNARKAD MUNICIPALITY
REPRESENTED ITS SECRETARY, MANNARKAD P.O., PALAKKAD
DISTRICT, PIN - 678582
SRI P R VENKATESH, SC
WP(C) NO. 28316 OF 2025 2 2025:KER:56900
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28316 OF 2025 3 2025:KER:56900
C.S.DIAS,J
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WP(C) NO. 28316 OF 2025
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Dated this the 31st day of July, 2025
JUDGMENT
The writ petition is filed to quash Exts.P11 and P12 notices issued to the petitioners.
2. The petitioners are the tenants of the 1 st respondent, who owns a building covered under Ext.P1 building permit and situated within the territorial limits of the 3rd respondent - Municipality. Exts.P3 and P4 are the license agreement entered into between the petitioners and the 1st respondent, respectively. The petitioners have also obtained Exts.P5 and P6 trade licenses issued by the 3rd respondent - Municipality. In 2024, the 3rd respondent refused to renew the petitioners trade licenses on the ground that the 1st respondent has to regularize the construction. The 1st WP(C) NO. 28316 OF 2025 4 2025:KER:56900 petitioner and the 1st respondent challenged the order in W.P.(C) No. 16403 of 2024 before this Court and Ext.P7 interim order has been passed. Likewise, the 2 nd petitioner has also filed W.P.(C) No.23073/2024 and Ext.P8 interim order has been passed. On the basis of Exts.P7 and P8 orders, the 3rd respondent had renewed the trade licenses of the petitioners till 2029. While so, the 2nd respondent has issued Exts.P11 and P12 notices to the petitioners, threatening to cancel their trade licenses alleging that the building is an unauthorised construction. Under Section 242 of the Kerala Municipality Act, 1994, proceedings can only be initiated against the person who has obtained the building permit. The petitioners are only the licensees of the 1st respondent. Therefore, even if there is any unauthorised construction, the proceedings can only be initiated against the 1st respondent. Immediately on WP(C) NO. 28316 OF 2025 5 2025:KER:56900 receipt of Exts.P11 and P12 notices, the petitioners have submitted their explanation. However, the petitioners are apprehensive that the 2nd respondent may initiate coercive proceedings to cancel the licenses before the proceedings are finalized. Hence, the writ petition.
3. Heard; the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents 2 and 3. In view of the limited relief I propose to pass, I dispense with notice to the 1 st respondent.
4. The learned counsel for the petitioners submits that, notwithstanding the petitioners submitting the explanations to Exts.P11 and P12 notices, the petitioners may be permitted to file comprehensive explanations to the above notices, and the 2nd respondent may be directed to finalize the WP(C) NO. 28316 OF 2025 6 2025:KER:56900 proceedings based on the explanations proposed to be filed.
On a consideration of the facts and the materials on record, especially that Exts.P11 and P12 notices have been issued to the petitioners, who are apparently not the owners of the building, I dispose of the writ petition by permitting the petitioners to submit comprehensive explanations to Exts.P11 and P12 notices, within three weeks from today (31.07.2025). If such explanations are filed, the 2nd respondent is directed to advert to the explanations and finalize the proceedings pursuant to Exts.P11 and P12 notices, in accordance with law and as expeditiously as possible, after affording the petitioners an opportunity of being heard. Until orders are passed in the proceedings, pursuant to Exts.P11 and P12 notices, all further WP(C) NO. 28316 OF 2025 7 2025:KER:56900 coercive proceedings as against the petitioners shall stand deferred.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE SCB.30.07.25/dkr WP(C) NO. 28316 OF 2025 8 2025:KER:56900 APPENDIX OF WP(C) 28316/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE THEN MANNARKKAD PANCHAYAT DATED 16.11.2021 IN FAVOUR OF THE 2ND RESPONDENT EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE TAHSILDAR, MANNARKKAD DATED 12.2.2019 TO THE 1ST RESPONDENT EXHIBIT P3 A TRUE COPY OF THE LICENSE AGREEMENT DATED 01.01.2024 EXECUTED BETWEEN 1ST PETITIONER AND THE 1ST RESPONDENT EXHIBIT P4 A TRUE COPY OF THE LICENSE AGREEMENT EXECUTED BETWEEN THE 2ND PETITIONER AND THE 1ST RESPONDENT DATED 01.12.2023 EXHIBIT P5 A TRUE COPY OF THE TRADE LICENSE ISSUED BY THE MANNARKKAD MUNICIPALITY DATED 01.08.2024 EXHIBIT P6 A TRUE COPY OF THE TRADE LICENSE ISSUED BY THE MANNARKAD MUNICIPALITY IN FAVOUR OF THE 2ND PETITIONER DATED 08.08.2024 EXHIBIT P7 A TRUE COPY OF THE INTERIM ORDER DATED 23.04.2024 IN W.P.(C) NO. 16403 OF 2024 BEFORE THIS HON'BLE COURT EXHIBIT P8 A TRUE COPY OF THE INTERIM ORDER DATED 28.6.2024 OBTAINED BY THE 2ND PETITIONER IN W.P.(C) NO. 23073 OF 2024 BEFORE THIS HON'BLE COURT EXHIBIT P9 A TRUE COPIES OF THE BUILDING TAX RECEIPTS ISSUED BY THE 2ND RESPONDENT MUNICIPALITY DURING THE YEAR 2023-2024 WITH RESPECT TO ROOM NOS. 3/690 TO 3/697 AND ROOM NOS 3/709 TO 3/715 WHICH IS OCCUPIED BY THE 1ST PETITIONER EXHIBIT P10 A TRUE COPIES OF THE BUILDING TAX RECEIPTS ISSUED BY THE 2ND RESPONDENT MUNICIPALITY DURING THE YEAR 2023-2024 WITH RESPECT TO ROOM NOS. 3/698 TO 3/707 AND ROOM NOS 3/716 TO 3/721 WHICH IS OCCUPIED BY THE 2ND PETITIONER WP(C) NO. 28316 OF 2025 9 2025:KER:56900 EXHIBIT P11 A TYPED COPY OF THE NOTICE ISSUED TO THE 1ST PETITIONER DATED 19.06.2025 BY THE SECRETARY OF MANNARKKAD MUNICIPALITY ALONG WITH TYPED COPY EXHIBIT P12 A TRUE COPY OF THE NOTICE ISSUED TO THE 2ND PETITIONER BY THE SECRETARY, MANNARKKAD MUNICIPALITY DATED 19.06.2025