Kerala High Court
M.R Rajesh Kumar vs Chalakudy Municipality on 19 September, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:70198
WP(C) NO.34679 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 19TH DAY OF SEPTEMBER 2025 / 28TH BHADRA, 1947
WP(C) NO. 34679 OF 2025
PETITIONERS:
1 M.R RAJESH KUMAR
AGED 59 YEARS
S/O RAMAKRISHNAN NAIR, ‘GEETHANJALI',
MELETHU HOUSE, IRRIGATION QUARTERS ROAD, CHALAKUDY
P.O, EAST CHALAKUDY DESOM & VILLAGE, CHALAKUDY
TALUK, THRISSUR DISTRICT,, PIN - 680307
2 GEETHA RAJESH
AGED 50 YEARS
S/O RAMAKRISHNAN NAIR, ‘GEETHANJALI',
MELETHU HOUSE, IRRIGATION QUARTERS ROAD, CHALAKUDY
P.O, EAST CHALAKUDY DESOM & VILLAGE, CHALAKUDY
TALUK, THRISSUR DISTRICT,, PIN - 680307
BY ADVS.
SRI.ARUN ASHOK
SMT.NEENA JAMES
SMT.ANASWARA K.P.
RESPONDENTS:
1 CHALAKUDY MUNICIPALITY
MUNICIPALITY, MUNICIPAL OFFICE, CHALAKUDY,
THRISSUR DISTRICT, REPRESENTED BY IT'S SECRETARY,
PIN - 680307
2025:KER:70198
WP(C) NO.34679 OF 2025 2
2 SECRETARY
CHALAKUDY MUNICIPALITY, MUNICIPAL OFFICE,
CHALAKUDY, THRISSUR DISTRICT, PIN - 680307
3 C.L ANTO
AGED 65 YEARS
S/O LATE CHALAKKAL LAZAR, CHALAKKAL HOUSE,
IRRIGATION QUARTERS ROAD, CHALAKUDY P.O, EATS
CHALAKUDY DESOM & VILLAGE, CHALAKUDY TALUK,
THRISSUR DISTRICT,, PIN - 680307
BY ADV SHRI.SHEEJO CHACKO, SC, CHALAKUDY
MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:70198
WP(C) NO.34679 OF 2025 3
C.S.DIAS, J.
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WP(C) No. 34679 OF 2025
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Dated this the 19th day of September, 2025
JUDGMENT
The writ petition is filed to quash Ext.P14 stop
memo and Ext.P16 notice issued by the 1 st respondent -
Municipality.
2. The petitioners are husband and wife. The
1st petitioner is owner of a shop room situated within the
1st respondent - Municipality. The 2 nd petitioner started a
food product business in the said shop room on the
strength of Ext.P2 licence. As the 1 st respondent was not
renewing the licence, the 2nd petitioner approached the
Tribunal for Local Self Government Institutions, and
Ext.P8 interim order is passed, permitting the 2 nd
petitioner to continue the business. Nonetheless, the 3 rd
respondent is continuously causing obstructions to the
2025:KER:70198
petitioners, and Ext.P3 crime has been registered by the
Chalakudy Police. The petitioners have also filed a suit
against the 3rd respondent, wherein Ext.P5 ad - interim
temporary injunction order has been passed. The
petitioners have also approached this Court, and Ext.P6
interim order of police protection has been granted to
them. Subsequently, the 1st respondent issued a
demolition order, which has been stayed by the
Tribunal by Ext.P9 order and directing the 1 st
respondent to consider the petitioners application for
regularization. Pursuant to the said order, the petitioners
have submitted Ext.P10 regularization application.
During the pendency of the regularization application
the 1st respondent has passed Ext.P12 provisional order.
The petitioners have submitted Ext.P13 reply, to the said
order. After than, the 1st respondent has issued Ext.P14
stop memo, to which the petitioners have submitted
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Ext.P15 reply. Now the 1st respondent has issued Ext.P16
notice alleging that the petitioners have been using the
shoproom for different purposes. Exts.P14 and P16 are
illegal and arbitrary and are filed with the intention to
harass the petitioners. Notwithstanding the petitioners
submitting Exts.P13 and P15 replies, the proceedings
have not been finalized. The petitioners are apprehensive
that, the 1st respondent may enforce Ext.P14 stop memo
and Ext.P16 notice without considering the objections
filed by the petitioners. Hence, the writ petition.
3. Heard; the learned counsel for the
petitioners and the learned Standing Counsel appearing
for the respondents 1 and 2. In view of the limited relief
that I propose to pass, I dispense with notice to the 3 rd
respondent.
4. It is not in dispute that the petitioners
have already submitted Exts.P13 and P15 replies to
Ext.P12 provisional order and Ext.P14 stop memo. It is
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without finalizing the said proceedings that the 1 st
respondent has now issued Ext.P16 notice.
5. On a consideration of the facts and the
materials on record, especially that Et.P13 and P15 replies
are pending consideration before the 1 st respondent,
without expressing anything on the merits of the matter, I
dispose of the writ petition, by directing the 1 st respondent
to finalize Ext.P12 and P14 proceedings after adverting to
Exts.P13 and P15 replies submitted by the petitioners, in
accordance with law and as expeditiously as possible, after
affording the petitioners an opportunity of being heard.
Until orders are passed on Exts.P12 order, P14 stop memo
and P16 notice, all further proceedings pursuant Exts.P12,
P14 and P16 shall stand deferred.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
SCB.19.09.25.
2025:KER:70198
APPENDIX OF WP(C) 34679/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LICENCE ISSUED BY THE
1ST RESPONDENT MUNICIPALITY DATED 16-08-
Exhibit P2 A TRUE COPY OF THE LATEST LICENCE ISSUED
BY THE 1ST RESPONDENT MUNICIPALITY DATED
01-04-2024
Exhibit P3 A TRUE COPY OF THE FIR IN CRIME NO.
119/2024 OF THE CHALAKUDY POLICE STATION
DATED 01-02-2024
Exhibit P4 A TRUE COPY OF THE PLAINT IN O.S NO.
52/2024 ON THE FILE OF THE MUNSIFF COURT
CHALAKUDY DATED 08-02-2024
Exhibit P5 A TRUE COPY OF THE INJUNCTION ORDER IN
I.A NO. 1 OF 2024 IN O.S NO. 52/2024 ON
THE FILE OF THE MUNSIFF COURT CHALAKUDY
DATED 08-02-2024
Exhibit P6 A TRUE COPY OF THE INTERIM ORDER IN
W.P(C) NO. 42600/2024 ON THE FILE OF
HON'BLE HIGH COURT OF KERALA DATED 02-12-
Exhibit P7 A TRUE COPY OF THE MODIFIED INTERIM ORDER
IN W.P(C) NO. 42600/2024 ON THE FILE OF
HON'BLE HIGH COURT OF KERALA DATED 12-12-
Exhibit P8 A TRUE COPY OF THE INTERIM ORDER IN
APPEAL NO. 113/2025 ON THE FILE OF
HON'BLE TRIBUNAL FOR LOCAL SELF
GOVERNMENT INSTITUTIONS,
THIRUVANANTHAPURAM DATED 17-03-2025
Exhibit P9 A TRUE COPY OF THE ORDER IN APPEAL NO.
618/2024 ON THE FILE OF HON'BLE TRIBUNAL
FOR LOCAL SELF GOVERNMENT INSTITUTIONS,
THIRUVANANTHAPURAM DATED 08-04-2025
Exhibit P10 A TRUE COPY OF THE RECEIPT ISSUED BY THE
1ST RESPONDENT MUNICIPALITY DATED 14-06-
Exhibit P11 A TRUE COPY OF THE PAYMENT RECEIPT DATED
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14-06-2025
Exhibit P12 A TRUE COPY OF THE PROVISIONAL ORDER
PASSED BY THE 1ST RESPONDENT MUNICIPALITY
DATED 19-07-2025
Exhibit P13 A TRUE COPY OF THE REPLY SUBMITTED BY THE
1ST PETITIONER DATED 28-07-2025
Exhibit P14 A TRUE COPY OF THE STOP MEMO ISSUED BY
THE 1ST RESPONDENT MUNICIPALITY DATED 26-
08-2025
Exhibit P15 A TRUE COPY OF THE REPLY SUBMITTED BY THE
1ST PETITIONER DATED 29-08-2025
Exhibit P16 A TRUE COPY OF THE NOTICE ISSUED BY THE
1ST RESPONDENT MUNICIPALITY DATED 10-09-
