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Kerala High Court
P.G.Abhilash vs The Mararikulam South Grama Panchayath on 10 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.13665 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 10TH DAY OF DECEMBER 2025 / 19TH AGRAHAYANA, 1947
WP(C) NO. 13665 OF 2025
PETITIONER(S):
P.G.ABHILASH,
AGED 49 YEARS
S/O LATE P.K. GANESH, RESIDING AT 1002, CONFIDENT
GEMINI, ARANATTUKARA P.O, THRISSUR, PIN - 680618
BY ADVS.
SRI.K.R.SUNIL
SMT.NAVAMI ANILKUMAR
SMT.SHILPA K.K.
RESPONDENT(S):
1 THE MARARIKULAM SOUTH GRAMA PANCHAYATH,
MARARIKULAM,KALAVOR PO., ALAPPUZHA REPRESENTED BY ITS
SECRETARY, PIN - 688523
2 THE SECRETARY,
MARARIKULAM SOUTH GRAMA PANCHAYATH,
MARARIKULAM,ALAPPUZHA DISTRICT, PIN - 688523
3 PAUL ARAM,
AGED 19 YEARS, S/O. ARAM PAUL, RESIDING AT
CHITTILAPPALLY HOUSE, BANK ROAD, BRR12,KALOOR P.O,
ERNAKULAM, PIN - 682017
4 ARAM PAUL,
AGED 52 YEARS, S/O. C J PAUL, RESIDING AT
CHITTILAPPALLY HOUSE, BANK ROAD ,BRR12,KALOOR
P.O,ERNAKULAM, PIN - 682017
W.P.(C) No.13665 of 2025
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5 VINITA ARAM,
AGED 45 YEARS, W/O. ARAM PAUL, RESIDING AT
CHITTILAPPALLY HOUSE, BANK ROAD ,BRR12,KALOOR
P.O,ERNAKULAM, PIN - 682017
BY ADVS.
SHRI.R.AZAD BABU, SC, MARARIKULAM SOUTH GRAMA
PANCHAYAT
SRI.ANIL SEBASTIAN PULICKEL
SRI.ARUN THOMAS
SMT.VEENA RAVEENDRAN
SMT.KARTHIKA MARIA
SHRI.SHINTO MATHEW ABRAHAM
SMT.LEAH RACHEL NINAN
SHRI.MATHEW NEVIN THOMAS
SHRI.KARTHIK RAJAGOPAL
SHRI.KURIAN ANTONY MATHEW
SMT.APARNNA S.
SHRI.NOEL NINAN NINAN
SHRI.ADEEN NAZAR
SHRI.ARUN JOSEPH MATHEW
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.13665 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.13665 of 2025
------------------------------------------------------
Dated this the 10th day of December, 2025
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"1. To call for the records pursuant to Exhibit P11 and to quash
the same by issuing a Writ of Certiorari.
2. To direct respondents 1 and 2 to effect the necessary changes
in occupancy of the building and to grant license for lodging
business in view of Exhibit P4 and Exhibit P8 along with binding
precedents declared by Hon'ble Supreme Court and this Hon'ble
Court .
3. Such other orders deem fit on facts and in the interest of
justice." [SIC]
2. According to the petitioner, he is the tenant of
the 3rd respondent and conducting a home stay and service
villa within the limits of the 1st respondent Panchayath. It is
submitted that the petitioner during 21.06.2022 executed a
tenancy agreement with 3rd respondent for the purpose of
conducting business namely home stay / container home /
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POD for a term of 11 months which can be extended on
specific terms and conditions is the submission. The
petitioner in order to conduct the business submitted
Ext.P9 application for license with supporting documents is
the another submission. Now, Ext.P11 is issued by the
Panchayath rejecting the application of the petitioner.
Hence, this Writ Petition is filed.
3. Heard the learned counsel appearing for the
petitioner, the Standing Counsel appearing for the
Panchayath and also the counsel appearing for respondent
Nos.3 to 5.
4. When this Writ Petition came up for consideration
on 03.04.2025, this Court passed the following order:
"Admit. Sri. R. Azad Babu the learned Standing Counsel
takes notice for the 1st and 2nd respondents. Issue urgent
notice by speed post for the respondnets 3 to 5. The
respondents shall file statement / counter affidavit within
three weeks. Post immediately after service.
There shall be an interim order directing the 1st and 2nd
respondent not to initiate coercive proceedings against
the petitioner for non-renewal of license for a period of
two months."
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5. The counsel for the petitioner raised several
contentions before this Court. The same is contradicted by
the counsel appearing for respondent Nos.3 to 5. I don't
want to take a decision on those contentions. Now this
Court already passed an interim order which is extracted
above. Considering the facts and circumstances of the
case, the petitioner can be allowed to submit his objection
to Ext.P11 before the Panchayath within a time frame and
there can be a direction to consider the same and till then
the interim order can continue. While deciding the matter,
the Panchayath will also consider the dictum laid down by
the Apex Court in Sudhakaran v. Corporation of
Trivandrum and Another (2016 (3) KHC 803).
Therefore, this Writ Petition(C) is disposed of with the
following directions:
1. The petitioner is free to file his objection to
Ext.P11 before the 2nd respondent, within a
period of two weeks from the date of receipt of
a certified copy of this judgment.
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2. Once such an objection is received, the 2nd
respondent will consider the same, after giving
an opportunity of hearing to the petitioner and
respondent Nos.3 to 5, as expeditiously as
possible, at any rate, within a period of two
months from the date of receipt of the
objection.
3. While deciding the matter, the 2nd respondent
will also consider the dictum laid down by the
Apex Court in Sudhakaran's case (supra).
4. Till final orders are passed in the objection, the
interim order dated 03.04.2025 will continue.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 10.12.2025
Judgment dictated 10.12.2025
Draft Judgment placed 10.12.2025
Final Judgment uploaded 11.12.2025
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APPENDIX OF WP(C) NO. 13665 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LEASE AGREEMENT
EXECUTED BY THE 3RD RESPONDENT DATED
21/06/2022
Exhibit P2 THE TRUE COPY OF RENTAL AGREEMENT
RENEWED ON 21/05/2023
Exhibit P3 THE TRUE COPY OF CERTIFICATE ISSUED BY
DEPARTMENT OF INDUSTRIES AND COMMERCE,
GOVERNMENT OF KERALA DATED 16/05/2023
Exhibit P4 THE TRUE COPY OF RECEIPT ISSUED BY 1ST
RESPONDENT DATED 14/01/2025
Exhibit P5 THE TRUE COPY OF THE HOME STAY LICENSE
ISSUED BY THE 1ST RESPONDENT
Exhibit P6 THE TRUE COPY OF THE CIVIL SUIT NO. AS
Exhibit P7 THE TRUE COPY OF THE I.A.NO. 1/2025 IN
Exhibit P8 THE TRUE COPY OF THE ORDER OF THE
MUNSIFF'S COURT, ALAPPUZHA DATED
03/03/2025 GRANTING INTERIM INJUNCTION
AGAINST FORCEFUL EVICTION
Exhibit P9 THE TRUE COPY OF APPLICATION SUBMITTED
BY PETITIONER DATED 15/03/25 BEFORE 1ST
RESPONDENT
Exhibit P10 THE TRUE COPY OF RECEIPT ISSUED BY THE
1ST RESPONDENT
Exhibit P11 THE TRUE COPY OF THE ORDER ISSUED BY
THE 2ND RESPONDENT ON 28/03/2025
