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.
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
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
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
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
