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Kerala High Court
Janeesh P.S vs Thrissur Municipal Corporation on 5 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:175
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 5TH DAY OF JANUARY 2026 / 15TH POUSHA, 1947
WP(C) NO. 48347 OF 2025
PETITIONER:
JANEESH P.S.
AGED 48 YEARS
S/O. SHAMSUDHEEN, PANKATTAYIL HOUSE, POOTHOLE
P.O., THRISSUR DISTRICT, KERALA, PIN - 680004
BY ADV SHRI.M.R.DHANIL
RESPONDENTS:
1 THRISSUR MUNICIPAL CORPORATION
REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
THRISSUR DISTRICT, KERALA, PIN - 680001
2 SECRETARY
THRISSUR MUNICIPAL CORPORATION, CORPORATION
OFFICE, THRISSUR DISTRICT, KERALA., PIN - 680001
BY ADV SHRI.SANTHOSH P.PODUVAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 48347 OF 2025 2
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 48347 OF 2025
------------------------------------------------------
Dated this the 5th day of January, 2026
JUDGMENT
This writ petition is filed seeking the following reliefs:
"i. Issue a Writ of Certiorari, order or
direction, by quashing Exhibit P15 by finding it
as illegal.
ii. Declare that the petitioner is not
liable to remit the rent for the period from
13/02/2023 to 30/11/2025, as per the demand
in Exhibit P15.
iii. Direct the respondents 1 and 2, not
to charge rent from the petitioner for the period
from 13/02/2023 to 30/11/2025, as per the
demand in Exhibit P15.
iv. Direct the respondent 1 and 2 to
modify the rental agreement by considering the
change of circumstances and also by
considering the finalization of litigations as
evident from Exhibit P13 and P14, to enable the
petitioner that he can conduct or run the
subject matter building for a valid period of 10
years as per the terms of tender and
negotiation of the respondent Corporation, from
the date of modifying the agreement.
v. Direct the respondents 1 and 2 to
hand over the subject matter building to the
petitioner at the earliest in view of Exhibits P13
and P14.
vi. Grant such other reliefs as this
Hon'ble Court may deem fit and proper.
vii. Dispense with production of English
translation of the documents."
[SIC]
2. The 'Bini Herigate' was entrusted to the petitioner
based on a tender proceeding initiated by the Thrissur Municipal
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Corporation. According to the petitioner, he was not able to run the
tourist home because there are some violations of the terms and
conditions by the Corporation. Now, the petitioner received Ext.P15
demand notice for remitting rent from the date of the earlier
agreement, i.e., from 13/02/2023 to 30/11/2025. According to the
petitioner, he is not liable to pay rent during the above-said period.
Hence, this writ petition.
3. Heard the the learned counsel for the petitioner
and the learned Standing Counsel appearing for the Corporation.
4. The learned counsel appearing for the petitioner
reiterated the contentions raised by the petitioner. The counsel
also submitted that the petitioner was not able to run the tourist
home because of different reasons, including a stay order from this
Court.
5. The learned Standing Counsel appearing for the
Corporation seriously objected to the contentions raised by the
petitioner. The Standing Counsel submitted that, admittedly, the
building is in possession of the petitioner, and he is liable to pay the
rent. It is also submitted that four months' rent was already paid by
the petitioner.
6. I do not want to decide this issue in this writ
petition. Disputed facts are there, and now the petitioner is
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challenging Ext.P15. Hence, I am of the considered opinion that
the petitioner can be given an opportunity to submit his objection
to Ext.P15 within a time frame, and there can be a direction to
consider the same after giving an opportunity of hearing to the
petitioner. Till then, the recovery proceedings based on Ext.P15
can be kept in abeyance. The question of renewal of license also
can be considered by the Corporation, and the petitioner is free to
raise that contention also in his objection.
Therefore, this writ petition is disposed of with the
following directions:
i) The petitioner is free to file his objection to Ext.P15
with other contention, within one week from the date
date of receipt of a copy of this judgment, before the
2nd respondent.
ii) If such an objection is received, the 2nd respondent
will consider the same, after giving an opportunity of
hearing to the petitioner, as expeditiously as possible,
at any rate, within a period of one month from the
date of receipt of a copy of this judgment.
ii) If the objection is submitted by the petitioner as
directed above, further coercive steps based on
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Ext.P15 shall be kept in abeyance till orders are
passed in the objection.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AJ
Judgment reserved NA
Date of Judgment 05.01.2026
Draft judgment placed 06.01.2026
Final Judgment uploaded 07.01.2026
2026:KER:175
APPENDIX OF WP(C) NO. 48347 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AGENDA AND DECISION
DATED 30/01/2023 OF THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE LETTER DATED 25/01/2023
ISSUED BY THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED
06/02/2023 IN WP(C) NO. 3668/2023 OF THE
HON'BLE HIGH COURT OF KERALA
Exhibit P4 TRUE COPY OF THE AGREEMENT DATED
13/02/2023
Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED
27/03/2023 IN IA NO. 4/2023 OF WP(C) NO.
3668/2023 OF THE HON'BLE HIGH COURT OF
KERALA
Exhibit P6 TRUE COPY OF THE DECISION NO.110 DATED
14/07/2023 OF THE THRISSUR MUNICIPAL
CORPORATION
Exhibit P7 TRUE COPY OF THE AGREEMENT DATED
16/11/2023 BETWEEN THE CORPORATION AND
THE PETITIONER
Exhibit P8 TRUE COPY OF THE COMMON JUDGMENT DATED
10/11/2023 IN WP(C) NO.3668/2023 AND ITS
CONNECTED CASES OF HON'BLE HIGH COURT OF
KERALA
Exhibit P9 TRUE COPY OF THE COMMON JUDGMENT DATED
12/12/2023 IN WA NO.2123/2023 AND ITS
CONNECTED CASES OF THE HON'BLE HIGH COURT
OF KERALA
Exhibit P10 TRUE COPY OF THE ORDER OF THE LEARNED
OMBUDSMAN FOR THE LOCAL SELF GOVERNMENTS
INSTITUTIONS DATED 09/11/2023 IN
Exhibit P11 TRUE COPY OF THE COMMON JUDGMENT DATED
09/08/2024 IN WP(C) NO. 1728/2024 AND ITS
CONNECTED CASES OF THE HON'BLE HIGH COURT
OF KERALA
Exhibit P12 TRUE COPY OF THE COMMON JUDGMENT DATED
06/08/2025 IN WA NO. 1342/2024 AND ITS
CONNECTED CASE OF THE HON'BLE HIGH COURT
OF KERALA
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Exhibit P13 TRUE COPY ORDER DATED 06/10/2025 IN
SLP(C) NO. 27604/2025 OF HON'BLE SUPREME
COURT OF INDIA
Exhibit P14 TRUE COPY ORDER DATED 03/11/2025 IN
SLP(C) NO. 27692/2025 OF HON'BLE SUPREME
COURT OF INDIA
Exhibit P15 TRUE COPY OF THE DEMAND NOTICE DATED
03/12/2025 ISSUED BY THE RESPONDENT
CORPORATION
Exhibit P16 TRUE COPY OF THE NOTICE 2 ISSUED BY THE
THRISSUR MUNICIPAL CORPORATION DATED
31/12/2025
