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Kerala High Court
Lathish R vs The Alappuzha Municipality on 8 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 46211 OF 2025 1
2025:KER:94876
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 8TH DAY OF DECEMBER 2025 / 17TH AGRAHAYANA, 1947
WP(C) NO. 46211 OF 2025
PETITIONERS:
1 LATHISH R
AGED 51 YEARS
S/O RAVINDRAN, PREMIER BAKERY, MULLACKAL ALAPPUZHA.
RESIDING AT LAKSHMI NIVAS, AMMAN KOVIL STREET,
MULLACKAL, ALAPPUZHA, PIN - 688011
2 GEETHA R
AGED 57 YEARS
W/O AYYAPPANKUTTY, SURYA FASHION MULLACKAL, ALAPPUZHA.
RESIDING AT AMMU NIVAS, THIRUVAMBADY ALAPPUZHA-,
PIN - 688009
3 ARIFA
AGED 57 YEARS
W/O RAHEEM, KIDS & LADIES WEAR, MULLACKAL,
ALAPPUZHA, RESIDING AT ARIFA MANZIL, KUMARAPURAM,
ALAPPUZHA, PIN - 690514
4 K VENUGOPAL
AGED 77 YEARS
S/O PADMANABHAN NAIR KRISHNAN NAIR WATCH
HOUSE,MULLACKAL, ALAPPUZHA, RESIDING AT AMBADY,
EERAYILKADAVU, KOTTAYAM PO- KOTTAYAM, PIN - 686001
BY ADVS.
SHRI.S.SANTHOSH KUMAR
SRI.S.VINODKUMAR
SMT.BABY SUJATHA
RESPONDENTS:
1 THE ALAPPUZHA MUNICIPALITY
O/O THE ALAPPUZHA MUNICIPALITY ALAPPUZHA REPRESENTED BY
ITS SECRETARY, PIN - 688001
WP(C) NO. 46211 OF 2025 2
2025:KER:94876
2 THE SECRETARY
ALAPPUZHA MUNICIPALITY, O/O THE ALAPPUZHA MUNICIPALITY,
ALAPPUZHA, PIN - 688001
3 THE EXECUTIVE ENGINEER (HIGHWAY AUTHORITY)
PWD ROADS AND BRIDGES DIVISION, ALAPPUZHA, PIN - 688001
SRI R AZAD BABU, SC
GP- VIDYA KURIAKOSE
DEEPU LAL MOHAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 46211 OF 2025 3
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 46211 OF 2025
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Dated this the 8th day of December, 2025
JUDGMENT
This writ petition is filed seeking the following reliefs:
"i) to issue a writ of mandamus or any other
appropriate writ or order directing the respondents not to
permit any persons to put up temporary shops on the road
side margin in front of the petitioners' shop rooms covered
in Exhibits P1, P2, P3 and P4 licenses in pursuance to any
auction conducted by the 1st respondent in connection with
the annual Chirappu Festival in Mullackal Rajarajeswari
Temple, Alappuzha;
ii) to issue a writ of mandamus or any other
appropriate writ or order prohibiting the 1st and 2nd
respondents from taking any further steps in pursuance to
any auction conducted by them under Exhibit P9 in respect
of the road side margin in front of petitioners' shop rooms
covered in Exhibits P1, P2, P3 and P4 licenses;
iii) to pass an order dispensing with filing of
English translation of Malayalam documents produced as
Exhibits in the writ Petition(Civil);
and
iv) to issue such other appropriate writ, order or
directions as this Hon'ble Court may deem just and proper
to issue in the circumstances of the case."
[SIC]
2. The petitioners are having shops by the side of Mullackal
Road near Rajarajeswari Temple at Mullackal, Alappuzha, and doing
business in their shops for their livelihood. They are aggrieved by the
conduct of auction of road margin in front of their shop rooms for putting
up temporary shops in connection with the Chirappu festival of Mullackal
Rajarajeswari Temple by the respondent Municipality. According to the
petitioners, this will cause problem to the business of the petitioners.
2025:KER:94876
3. Heard the learned counsel for the petitioners and the
learned Standing Counsel appearing for the respondents.
4. I am of the considered opinion that this writ petition
need not be retained here. The petitioners can be allowed to file a
representation about the same before the Municipality, and there can be
a direction to consider the same.
Therefore this writ petition is disposed of with the following
directions:
i) The petitioners are free to file a representation before the
2nd respondent, within three days from the date of receipt of
a copy of this judgment
ii) If such a representation is received, the 2 nd respondent
will consider the same, after giving an opportunity of
hearing to the petitioners, as expeditiously as possible, at
any rate, within a period of one week from the date of
receipt of the representation.
Iii) If the representation is submitted as directed above, the
auctioning of the place in front of the petitioners shop shall
be deferred till a decision is taken in it.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AJ
Judgment reserved NA
Date of Judgment 08.12.2025
Draft judgment placed 08.12.2025
Final Judgment uploaded 08.12.2025
2025:KER:94876
APPENDIX OF WP(C) NO. 46211 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENSE NO.BFIF02-M040500-
00371-2025 DATED NIL HAVING VALIDITY UP TO
31/03/2026 ISSUED BY THE 1ST RESPONDENT TO
THE 1ST PETITIONER
Exhibit P2 TRUE COPY OF THE LICENSE NO: 1 BFIF02-
M040500-00552-2025 DATED NIL HAVING VALIDITY
UP TO 01/03/2026 ISSUED BY THE 1ST RESPONDENT
TO THE 2ND PETITIONER
Exhibit P3 TRUE COPY OF THE LICENSE NO: BFIF02-M040500-
02167-2025 DATED NIL HAVING VALIDITY UP TO
31/03/2026 ISSUED BY THE 1ST RESPONDENT TO
THE 3RD PETITIONER
Exhibit P4 TRUE COPY OF THE LICENSE NO: BFIF02-M040500-
02717-2025 DATED NIL HAVING VALIDITY UP TO
31/03/2026 ISSUED BY THE 1ST RESPONDENT TO
THE 4TH PETITIONER
Exhibit P5 TRUE COPY OF THE PHOTOGRAPH SHOWING THE SHOP
OF THE 1ST PETITIONER
Exhibit P5(a) TRUE COPY OF THE PHOTOGRAPH SHOWING THE SHOP
OF THE 2ND PETITIONER
Exhibit P5(b) TRUE COPY OF THE PHOTOGRAPH SHOWING THE SHOP
OF THE 3RD PETITIONER
Exhibit P5(c) TRUE COPY OF THE PHOTOGRAPH SHOWING THE SHOP
OF THE 4TH PETITIONER
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 06/12/2018 IN
Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED
23/11/2023 IN W.P(C) NO.39087/2023
Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED
06/12/2023 IN W.P(C) NO.40986/2023
Exhibit P9 TRUE COPY OF THE NEWS ITEM APPEARED IN KERALA
KAUMUDI DAILY DATED 02/12/2025
