Kerala High Court
Safwan K.E vs Palakkad Municipality on 8 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
WP(C) NO. 24796 OF 2023
PETITIONER:
SAFWAN K.E,
AGED 34 YEARS
S/O IBRAHIM,KUNNAPPULLY HOUSE,PAZHAYA LAKKIDI,
AKALUR P.O.,PALAKKAD, PIN - 679302
BY ADVS.
DR.GEORGE ABRAHAM
SHRI.JOBY D JOSEPH
SMT.MARY CATHERINE PRIYANKA P.S.
RESPONDENTS:
1 PALAKKAD MUNICIPALITY,
OFFICE OF PALAKKAD MUNICIPALITY, REPRESENTED BY ITS
SECRETARY,PALAKKAD, PIN - 676505
2 THE SECRETARY,
PALAKKAD MUNICIPALITY,OFFICE OF PALAKKAD
MUNICIPALITY, PALAKKAD, PIN - 676505
3 THE SENIOR PUBLIC HEALTH INSPECTOR GRADE-II,
MUNICIPAL OFFICE,PALAKKAD, PIN - 676505
4 THE DISTRICT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,OFFICE OF
DISTRICT OFFICER,PALAKKAD, PIN - 678014
BY ADV SRI.BINOY VASUDEVAN
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
2
SR.GP.SMT.VIDYA KURIAKOSE, GP.SMT.DEEPA V., SC-
SRI.DEEPU THANKAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2025, ALONG WITH WP(C).24658/2023, 29545/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
WP(C) NO. 24658 OF 2023
PETITIONER:
SURESHKUMAR.T.R.,
AGED 51 YEARS
S/O.PREMACHANDRAN, THAZHATHEVEEDU,
KIZHAKKUMPURAM.P.O., MANNOOR, PALAKKAD DISTRICT,
PIN - 678642
BY ADVS.
SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SHRI.BABU V.P.
SMT.REMYA V.A.
SMT.SALMA DILEEP
RESPONDENTS:
1 PALAKKAD MUNICIPALITY,
OFFICE OF PALAKKAD MUNICIPALITY, PALAKKAD,
REPRESENTED BY ITS SECRETARY, PIN - 676505
2 THE SECRETARY,
PALAKKAD MUNICIPALITY, OFFICE OF PALAKKAD
MUNICIPALITY, PALAKKAD, PIN - 676505
3 THE SENIOR PUBLIC HEALTH INSPECTOR GRADE-II,
MUNICIPAL OFFICE, PALAKKAD, PIN - 676505
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
4
4 THE DISTRICT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, OFFICE OF
DISTRICT OFFICER, PALAKKAD, PIN - 678014
5 THE CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC),
TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM
[ADDL.R5 IS IMPLEADED AS PER ORDER DATED 22.01.2025
IN WP(C) 24658/2023]
BY ADVS.
SRI.BINOY VASUDEVAN
SHRI.DEEPU THANKAN, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2025, ALONG WITH WP(C).24796/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
WP(C) NO. 29545 OF 2023
PETITIONER:
MANOJ R.
AGED 35 YEARS
S/O. RADHAKRISHNAN R., MANU VIHAR, NARANGAPARAMBU,
AKATHETHARA P.O., PALAKKAD DISTRICT, PIN - 678008
BY ADV SMT.M.D.ROSHINI
RESPONDENTS:
1 PALAKKAD MUNICIPALITY,
OFFICE OF PALAKKAD MUNICIPALITY, PALAKKAD,
REPRESENTED BY ITS SECRETARY, PIN - 676505
2 THE SECRETARY,
PALAKKAD MUNICIPALITY, OFFICE OF PALAKKAD
MUNICIPALITY, PALAKKAD, PIN - 676505
3 THE SENIOR PUBLIC HEALTH INSPECTOR GRADE-II
MUNICIPAL OFFICE, PALAKKAD, PIN - 676505
4 THE DISTRICT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
OFFICE OF DISTRICT OFFICER, PALAKKAD,
PIN - 678014
BY ADV SHRI.DEEPU THANKAN, SC, KSRTC
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
6
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2025, ALONG WITH WP(C).24796/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
7
C.S.DIAS, J.
===========================
WP(C) Nos.24796, 24658 & 29545 of 2023
--------------------------------------------------------
Dated this the 8th day of July, 2025
COMMON JUDGMENT
As the disputes in these writ petitions are the
identical and are filed against the same respondents, these
writ petitions are disposed of by this common judgment.
2. The petitioners in these writ petitions were
the successful bidders in the tender floated by the Kerala
State Road Transport Corporation (KSRTC) for allotting of
spaces within its bus station in Palakkad. Consequently,
the petitioners erected temporary sheds within the above
property on the strength of the No-objection certificate
issued by the KSRTC. They had executed agreements and
deposited the requisite amount with the KSRTC. Although
the petitioners have submitted applications before the 2 nd
respondent, to assign temporary building numbers for their
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
sheds, to enable them to apply for license, the applications
have not been considered. Subsequently, they have also
submitted representations to the 2nd respondent, to assign
the temporary numbers. But, the representations have also
not been considered till date. In W.P.(C) No. 20664 of
2023, a case of an identical nature, this Court had
directed the 2nd respondent to consider applications for
temporary building numbers. The petitioners are entitled to
the benefit of the said judgment. Hence, the writ petitions
3. Heard; the learned counsel for the
petitioners, the learned Standing Counsel appearing for the
1st respondent - Municipality and the learned Standing
Counsel appearing for the KSRTC.
4. The learned counsel for the petitioners
submits that, the petitioners would be satisfied if the 2 nd
respondent consider their applications for temporary
building numbers.
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
5. The learned Standing Counsel appearing for
the KSRTC submits that, the petitioners have already
instituted civil suits before the jurisdictional Court and
orders of temporary injunction have been passed against
the KSRTC from evicting the petitioners from the property.
Moreover, alleging that the temporary sheds have been
unauthorisedly constructed in the property, the 2 nd
respondent has refused to issue occupancy certificate to
the KSRTC for their building.
On a consideration of the facts and the materials on
record, especially that petitioners' request for temporary
building number for their sheds is pending consideration
before the 2nd respondent and that orders of temporary
injunction have been passed against the KSRTC, without
expressing anything on the merits of the matter, I dispose
of these writ petitions, by directing the 2 nd respondent to
consider the representations submitted by the petitioners,
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
in accordance with law and as expeditiously as possible, at
any rate, within 60 days from the date of production of a
copy of the judgment, after affording the petitioners and
the authorised representative of the KSRTC an opportunity
of being heard. It would be up to the petitioner in W.P.(C)
No.24658 of 2023 a copy of the pleadings in the writ
petition before the 2nd respondent along with a copy of the
judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
SCB.08.07.25.
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
APPENDIX OF WP(C) 24658/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF MEMORANDUM NO.E.S.3/033083/
2023 DATED 26/5/2023 ISSUED BY ESTATE
OFFICER, KSRTC
Exhibit P2 TRUE COPY OF NO OBJECTION CERTIFICATE
DATED 16/6/2023 ISSUED BY 4TH RESPONDENT
Exhibit P3 TRUE COPY OF AGREEMENT DATED 24/6/2023
EXECUTED WITH 4TH RESPONDENT
Exhibit P4 TRUE COPY OF RECEIPT DATED 21/7/2023
ISSUED FROM THE OFFICE OF 1ST RESPONDENT
FOR SUBMITTING APPLICATION FOR TEMPORARY
NUMBER
Exhibit P5 TRUE COPY OF NOTICE NO.6254 DATED
21/7/2023 ISSUED BY 3RD RESPONDENT
Exhibit P6 TRUE COPY OF REPRESENTATION DATED
24/7/2023 SUBMITTED BY THE PETITIONER
BEFORE 2ND RESPONDENT
Exhibit P7 TRUE COPY OF JUDGMENT DATED 3/7/2023 IN
WP(C)NO.20664/23 OF THIS HON'BLE COURT
RESPONDENT EXHIBITS
Exhibit R-1 (a) True copy of buildinf permit No.
EJBR/38/13-14/Pw4 dated 6-8-2019
PETITIONER EXHIBITS
Exhibit P8 TRUE COPY OF AGREEMENT DATED 24/6/2024
EXECUTED BY THE APPLICANT
Exhibit P9 TRUE COPY OF CASH RECEIPT DATED 24/6/2024
ISSUED FROM KSRTC
Exhibit P10 TRUE COPY OF CASH RECEIPT DATED 31/12/2024
ISSUED FROM KSRTC
Exhibit P11 TRUE COPY OF MEMORANDUM DATED 17/1/2025
ISSUED ISSUED BY GENERAL MANAGER (ESTATE)
FOR THE CHAIRMAN AND MANAGING DIRECTOR OF
KSRTC
RESPONDENT EXHIBITS
Exhibit R4(a) true copy of the tender notification dated
03/4/2023
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
Exhibit R4(b) true copy of the tender conditions issued
by the KSRTC on 22/12/2021
Exhibit R4(c) true copy of the order of the municipality
dated 06/10/2023
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
APPENDIX OF WP(C) 29545/2023
PETITIONER EXHIBITS
ExhibitP1 TRUE COPY OF THE AGREEMENT EXECUTED
BETWEEN KSRTC, REP. BY DISTRICT OFFICE,
PALAKKAD AND PETITIONER DATED 10/07/2023
Exhibitp2 TRUE COPY OF THE NO OBJECTION CERTIFICATE
NO. GL2/65(2)/2023 ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER DATED
26/06/2023
ExhibitP3 TRUE COPY OF THE INVITATION OF THE OPENING
OF THE TEA SHOP DATED 28/08/2023
ExhibitP4 TRUE COPY OF THE REGISTRATION CERTIFICATE
ISSUED FROM THE COMMISSIONERATE OF FOOD
SAFETY TO THE PETITIONER DATED 10/08/2023
ExhibitP5 TRUE COPY OF THE LETTER NO.
GL2-65(4)/2022/PLKD DATED 14/06/2023
ISSUED BY 4TH RESPONDENT TO THE PETITIONER
ExhibitP6 TRUE COPY OF THE NOTICE NO. 4904 DATED
01/09/2023 ISSUED BY THE 3RD RESPONDENT TO
THE PETITIONER
ExhibitP7 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER TO THE PALAKKAD
MUNICIPALITY DATED 02/09/2023 THROUGH THE
WEBSITE/ONLINE FOR LICENCE
ExhibitP8 TRUE COPY OF THE RECEIPT NO. 1230001062
DATED 02/09/2023 ISSUED BY THE PALAKKAD
MUNICIPALITY
ExhibitP9 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
20664/2023 DATED 03/07/2023 OF THIS
HONOURABLE COURT
Exhibit P10 A TRUE COPY OF THE NOTIFICATION BEARING
NO. ESI/036965/17 DATED 22/12/2021 ISSUED
BY THE CHAIRMAN AND MANAGING DIRECTOR,
K.S.R.T.C.,
Exhibit P11 A TRUE COPY OF THE CASH RECEIPT NO.18298
DATED 23/06/2023 ISSUED BY DISTRICT
TRANSPORT OFFICER, K.S.R.T.C., PALAKKAD
Exhibit P12 A TRUE COPY OF THE CASH RECEIPT NO. 121830
DATED 04/07/2024 ISSUED BY THE DISTRICT
TRANSPORT OFFICER, K.S.R.T.C., PALAKKAD
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
Exhibit P13 A TRUE COPY OF THE CASH RECEIPT NO.
RECEIPT NO. 141571 DATED 05/08/2024 ISSUED
BY DISTRICT TRANSPORT OFFICER, K.S.R.T.C.,
PALAKKAD
Exhibit P14 A TRUE COPY OF THE CASH RECEIPT NO. 182209
DATED 05/09/2024 ISSUED BY DISTRICT
TRANSPORT OFFICER, K.S.R.T.C., PALAKKAD
Exhibit P15 A TRUE COPY OF THE CASH RECEIPT NO. 187931
DATED 05/10/2024 ISSUED BY THE DISTRICT
TRANSPORT OFFICER, K.S.R.T.C., PALAKKAD
Exhibit P16 A TRUE COPY OF THE CASH RECEIPT NO. 122149
DATED 06/11/2024 ISSUED BY THE DISTRICT
TRANSPORT OFFICER, K.S.R.T.C., PALAKKAD
Exhibit P17 A TRUE COPY OF THE CASH RECEIPT NO. 188364
DATED 05/12/2024 ISSUED BY THE DISTRICT
TRANSPORT OFFICER, K.S.R.T.C., PALAKKAD
Exhibit P18 A TRUE COPY OF THE CASH RECEIPT NO. 188801
DATED 06/01/2025 ISSUED BY THE DISTRICT
TRANSPORT OFFICER, K.S.R.T.C., PALAKKAD
Exhibit P19 A TRUE COPY OF THE AGREEMENT IN BETWEEN
THE PETITIONER AND DISTRICT TRANSPORT
OFFICER DATED 25/10/2024
RESPONDENT EXHIBITS
Exhibit R4(a) true copy of the tender conditions issued
by the KSRTC on 22/12/2021
Exhibit R4(b) true copy of the order of the municipality
dated 06/10/2023
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
APPENDIX OF WP(C) 24796/2023
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE RECEIPT NO. AM 18268 DATED
3/5/2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P2 A COPY OF THE CASH RECEIPT NO. AM 18269
DATED 3/5/2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P3 A COPY OF THE CASH RECEIPT NO. AM 18270
DATED 3/5/2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P4 A PHOTOGRAPH OF THE TEA SHOP ERECTED BY THE
PETITIONER
Exhibit P5 A COPY OF THE AGREEMENT DATED 26/5/2023
EXECUTED BETWEEN THE PETITIONER AND THE 4TH
RESPONDENT
Exhibit P6 TRUE COPY OF THE RECEIPT DATED 18/7/2023
ISSUED BY THE 4TH RESPONDEN
Exhibit P7 A COPY OF THE NOTICE NO.U.T-47/04/2023-24
DATED 13/6/2023 ISSUED BY THE 3RD RESPONDENT
Exhibit P8 A COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER ON 19/6/2023
Exhibit P9 A COPY OF THE RECEIPT NO.21976 DATED
19/6/2023 OBTAINED FROM THE 1ST RESPONDENT
MUNICIPALITY
Exhibit P10 A COPY OF THE NO OBJECTION CERTIFICATE
NO.GL2/65(4)2023 DATED 6/5/2023 ISSUED BY
THE 1ST RESPONDENT CORPORATION
Exhibit P11 A COPY OF THE LOCATION PLAN SUBMITTED BY THE
PETITIONER ALONG WITH EXT.P8 REQUEST
Exhibit P12 A COPY OF THE NOTICE NO.H5-22750/23 DATED
24/6/2023 ISSUED BY THE 3RD RESPONDENT
Exhibit P12(a) A COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER ON 24/6/2023
Exhibit P13 A COPY OF THE REPLY FILED BY THE PETITIONER
DATED 26/6/2023
Exhibit P14 A COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE
1ST RESPONDENT CORPORATION DATED 26/6/2023
Exhibit P15 A COPY OF THE MEDICAL FITNESS CERTIFICATE
DATED 17/5/2023 ISSUED BY THE DISTRICT
HOSPITAL, PALAKKAD
Exhibit P16 A COPY OF THE REGISTRATION CERTIFICATE
ISSUED BY THE COMMISSIONERATE OF FOOD SAFETY
IN FAVOUR OF THE PETITIONER DATED 23-5-2023
WP(C) Nos.24796, 24658 & 29545 of 2023 2025:KER:50276
Exhibit P17 A COPY OF THE ORDER DATED 20/7/2023 ISSUED
BY THE 1ST RESPONDENT
Exhibit P18 A COPY OF THE COMMUNICATION NO.
T5/100/2023/PLKD DATED 21/7/2023 ISSUED BY
THE 4TH RESPONDENT TO THE 2ND RESPONDENT
Exhibit P19 A COPY OF THE JUDGMENT IN W.P.(C) NO.
20664/2023 DATED 3/7/2023
Exhibit P20 A COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER DATED 24/7/2023
RESPONDENT EXHIBITS
Exhibit R-1 (a) True copy of the building permit No.
EJBR/38/13-14/PW4 dated 6-8-2019
PETITIONER EXHIBITS
Exhibit P21 A COPY OF THE TENDER NOTIFICATION
NO.E.S1/036965/17 DATED 22/12/2021 ISSUED BY
THE CHAIRMAN AND MANAGING DIRECTOR, KSRTC
Exhibit P22 A COPY OF THE AGREEMENT EXECUTED BY THE
PETITIONER WITH THE DISTRICT TRANSPORT
OFFICER, KSRTC, PALAKKAD
Exhibit P23(a) A COPY OF THE CASH RECEIPT DATED 30/4/2024
Exhibit P23(b) A COPY OF THE RECEIPT DATED 30/8/2024
Exhibit P23(c) A COPY OF THE RECEIPT DATED 9/9/2024
Exhibit P23(d) A COPY OF THE RECEIPT DATED 18/9/2024
Exhibit P23(e) A COPY OF THE RECEIPT DATED 22/10/2024
RESPONDENT EXHIBITS
Exhibit R4(a) true copy of the tender notification dated
03/4/2023
Exhibit R4(b) true copy of the order of the municipality
dated 06/10/2023
Exhibit R4(c) true copy of the order in I.A.No.981/2025 in
O.S.No.167/2025 before the learned Munsiff's
Court, Palakkad on 10/4/2025
