Kerala High Court
Suresh Kumar vs Kozhikode Municipal Corporation on 24 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 1846 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
WP(C) NO. 1846 OF 2025
PETITIONER(S):
SURESH KUMAR,
AGED 61 YEARS
S/O. VASUDEVAN,MODEN PARAMBIL HOUSE, MUTHOOR,
TIRUR P.O., MALAPPURAM DISTRICT, PIN - 676101
BY ADVS.
SRI.C.M.MOHAMMED IQUABAL
SHRI.ISTINAF ABDULLAH
SRI.P.ABDUL NISHAD
SMT.THASNEEM A.P.
SMT.DHILNA DILEEP
SMT.SURYA S.R.
RESPONDENT(S):
1 KOZHIKODE MUNICIPAL CORPORATION,
REPRESENTED BY ITS SECRETARY, CORPORATION
OFFICE, KOZHIKODE DISTRICT, PIN - 673032
2 THE SECRETARY,
KOZHIKODE MUNICIPAL CORPORATION, CORPORATION
OFFICE, KOZHIKODE DISTRICT, PIN - 673032
3 MR.K.V.SURESH BABU,
S/O. SREEDEVI KOVILAMMA K.V., PADMA HOUSE,
MANKAVU P.O., KOZHIKODE DISTRICT,
PIN - 673007
W.P.(C) No. 1846 of 2025
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BY ADVS.
SHRI.V.KRISHNA MENON, SC, KOZHIKODE MUNICIPAL
CORPORATION
SHRI.DEEPAK JOY.K.
SRI.V.KRISHNA MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 1846 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 1846 of 2025
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Dated this the 24th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"a) Call for the records leading up to Ext. P6
order and quash the same by issuance of a Writ of
Certiorari or any other appropriate writ, order or
direction.
b) Pass an order dispensing with the
production of the English Translation of the
documents in Vernacular language at the time of
filing the writ petition. and
c) Pass any other appropriate writ, order, or
direction which this Hon'ble Court may deem fit to
issue and the petitioners may pray from time to
time."[SIC]
2. The petitioner is running Sreelakshmi
Lottery Agency, Chalappuram, Kallayi Road, Kozhikode
with Ext.P1 license issued by the 1 st respondent, is the
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submission. The above business is functioning in the
building owned by the 3 rd respondent. It is the case of
the petitioner that the 3rd respondent filed a Rent
Control Petition to evict the petitioner, and it is
pending. While so, it is the case of the petitioner that,
because of the influence of the 3 rd respondent, the 2nd
respondent issued Ext.P6 order cancelling Ext.P1
license. Hence this Writ Petition is filed challenging
Ext.P6 order.
3. Heard the learned counsel appearing for the
petitioner, the learned Standing Counsel appearing for
the Corporation and the learned counsel appearing for
the 3rd respondent.
4. This Court perused Ext.P6 order. I am of the
considered opinion that Ext.P6 order is to be set aside
for the simple reason that the person who heard the
petitioner has not passed the order. A perusal of
Ext.P6 would show that the hearing was conducted by
the Corporation Clean City Manager, and thereafter
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the Secretary of the Corporation passed the impugned
order. The petitioner relied on Ext.P3 receipt and
according to the petitioner, the Corporation renewed
the license in the name of the petitioner itself after
paying penalty. I do not want to make any observation
about the same. Let the Secretary reconsider the
matter and pass appropriate orders after giving an
opportunity of hearing to the petitioner and the 3 rd
respondent. The Secretary of the Corporation will
consider the relevancy of Ext.P3 receipt also.
Therefore, this Writ Petition is disposed of in the
following manner:
1. Ext.P6 order is set aside.
2. The 2nd respondent is directed to
reconsider the matter, after giving an
opportunity of hearing to the
petitioner and 3rd respondent, as
expeditiously as possible, at any rate,
within a period of six weeks from the
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date of receipt of a certified copy of
this judgment.
3. All the contentions of the petitioner
and the 3rd respondent are left open.
4. While deciding the matter, the 2nd
respondent will also consider the
relevancy of Ext.P3 receipt.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
DM
Judgment reserved NA
Date of Judgment 24.10.2025
Judgment dictated 24.10.2025
Draft Judgment placed 25.10.2025
Final Judgment uploaded 27.10.2025
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APPENDIX OF WP(C) 1846/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE TRADE LICENSE
ISSUED BY THE 1ST RESPONDENT DATED
01.04.2024
EXHIBIT P2 THE TRUE COPY OF THE LEGAL HEIR
CERTIFICATE OF M.P.VASUDEVAN ISSUED
BY THE TIRUR TALUK OFFICE DATED
12.03.2024
EXHIBIT P3 THE TRUE COPY OF THE RECEIPT ISSUED
BY THE KOZHIKODE MUNICIPAL
CORPORATION DATED 31.10.2024
EXHIBIT P4 THE TRUE COPY OF THE MEMO ISSUED BY
THE HEALTH OFFICER OF THE 1ST
RESPONDENT DATED 28.10.2024
EXHIBIT P5 THE TRUE COPY OF THE HEARING NOTICE
ISSUED BY THE 2ND RESPONDENT DATED
11.11.2024
EXHIBIT P6 THE TRUE COPY OF THE ORDER ISSUED BY
THE 2ND RESPONDENT DATED 28.12.2024
EXHIBIT P7 THE TRUE COPY OF THE CASE STATUS IN
R.C.P.NO. 21/2024 OF THE MUNSIFF
COURT-1, KOZHIKODE ISSUED ON
15.01.2025
