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
------------------------------------
WP(C) NO. 28316 OF 2025
-------------------------------------------------
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
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
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
