Kerala High Court
Zakkeer Hussain vs The Kozhikode Corporation on 7 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:49705
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 25016 OF 2025
PETITIONER:
ZAKKEER HUSSAIN
AGED 55 YEARS
S/O. MAMMED KOYA, RESIDING AT ROSHANS,
VETTUVANKANDY PARAMBA, KALOOR ROAD,
KOZHIKODE, PIN - 673003
BY ADVS.
SHRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENTS:
1 THE KOZHIKODE CORPORATION
REPRESENTED BY ITS SECRETARY,
CORPORATION OFFICE BUILDING,
GANDHI ROAD, KOZHIKODE, PIN - 673032
2 THE SECRETARY,
KOZHIKODE CORPORATION,
CORPORATION OFFICE BUILDING,
GANDHI ROAD, KOZHIKODE, PIN - 673032
3 THE PUNJAB NATIONAL BANK
REPRESENTED BY ITS CHIEF MANAGER,
CIRCLE OFFICE, SHATHABDHI BHAVAN,
POST GOVINDAPURAM, KOZHIKODE, PIN - 673016
OTHER PRESENT:
STANDING COUNSEL-
SRI K P SUDHEER
SRI V KRISHNA MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25016 of 2025 2
2025:KER:49705
JUDGMENT
Dated this the 7th day of July, 2025 The writ petition is filed to quash Ext. P12 order passed by the second respondent.
2. The petitioner is a tenant of the third respondent bank. The third respondent has filed RCP No. 144/2019, to evict the petitioner from the said building, alleging bona fide need. During the pendency of the Rent Control Petition, the second respondent has issued Ext. P7 communication to the third respondent, to demolish the building on the ground that it is in a dilapidated and dangerous condition. After that, the third respondent had approached this Court and sought for the enforcement of Ext. P7 order. But, by Ext. P10 judgment, this Court directed the second respondent to consider the matter, after affording the petitioner and the third respondent an opportunity of being heard. Consequent to Ext. P10 judgment, Ext. WP(C) NO. 25016 of 2025 3
2025:KER:49705 P12 order has been passed by the second respondent. The petitioner has been directed to vacate the building within 24 hours. The petitioner has the statutory right to file an appeal against Ext. P12 order within 30 days from the date of the order under Section 509 of the Kerala Municipality Act ('Act,' for short). Notwithstanding the specific time period stipulated under the statute, the second respondent has directed the petitioner to vacate the building within 24 hours of the passing of Ext. P12 order. Ext. P12 is illegal and arbitrary. Hence, the writ petition.
3. Heard; the learned counsel for the petitioner and the respective Standing Counsel appearing for the respondents 1, 2 and 3.
4. It is not in dispute that, by Ext. P10 judgment, this Court had directed the second respondent to inspect the tenanted premise in question with the assistance of the experts and take a decision WP(C) NO. 25016 of 2025 4 2025:KER:49705 on whether the building is to be demolished. Consequent to the said judgment, the second respondent has passed Ext. P12 order ordering the tenanted premises to be demolished.
5. An order passed by the Secretary invoking his power under Section 411(3) of the Act is appealable under Section 509 of the Act to the Council of the Municipality within 30 days from the date of receipt of the order.
6. Admittedly, Ext. P12 order was served on the petitioner only on 05.07.2025. Therefore, the petitioner has the right to file an appeal on or before 04.08.2025.
In light of the petitioner's statutory right under Section 509 of the Act, I dispose of the writ petition by permitting the petitioner to work out his statutory remedies, in accordance with law, as envisaged under Section 509 of the Act, within 30 days from 05.07.2025. Consequently, the enforcement of Ext. P12 WP(C) NO. 25016 of 2025 5 2025:KER:49705 order shall stand deferred till 04.08.2025. It is made clear that this Court has not expressed anything on the merits of Ext. P12 order.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE mtk/07.07.25 WP(C) NO. 25016 of 2025 6 2025:KER:49705 APPENDIX OF WP(C) 25016/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE COMMON ORDER DATED 26.06.2014 IN O.P. 1/2014 PASSED BY THE ESTATE OFFICER UNDER THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANCY) ACT EXHIBIT P2 A TRUE COPY OF THE PETITION IN RCP 144/2019 DATED 16.11.2019 ON THE FILE OF THE HONOURABLE RENT CONTROLLER (MUNSIFF COURT) I, KOZHIKODE EXHIBIT P3 A TRUE COPY OF THE COUNTER STATEMENT DATED 18.05.2020 FILED BY THE PETITIONER IN RCP 144/2019 ON THE FILE OF THE RENT CONTROL COURT I, (PRINCIPAL), KOZHIKODE EXHIBIT P4 A TRUE COPY OF THE COMMISSION REPORT DATED NIL FILED BY THE ADVOCATE COMMISSIONER IN RCP 144/2019 ON THE FILE OF THE HONOURABLE PRINCIPAL MUNSIFF COURT I, KOZHIKODE EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION DATED NIL SENT BY M/S DR. RAGHUKUMAR AND DILEEPKUMAR TO THE 3RD RESPONDENT EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION DATED 25.05.2022 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION DATED 24.06.2022 EXHIBIT P8 A TRUE COPY OF MEMORANDUM OF WRIT PETITION IN W.P.(C) 26688/2023 WITHOUT EXHIBITS DATED 05.08.2023 EXHIBIT P9 A TRUE COPY OF THE COUNTER AFFIDAVIT DATED 17.02.2024 IN W.P.(C) 26688/2023 WITHOUT EXHIBITS EXHIBIT P10 A TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C) 26688/2023 DATED 09.04.2024 EXHIBIT P11 A TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 09.06.2025 IN I.A. 01/2025 IN RCA 137/2024 OF THE RENT CONTROL APPELLATE AUTHORITY/IIND ADDITIONAL DISTRICT JUDGE, KOZHIKODE EXHIBIT P12 A TRUE COPY OF THE ORDER NO. 2623923-2024 DATED 05.07.2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER