Benny George vs Kaiparambu Grama Panchayat
2026 Latest Caselaw 528 Ker

Citation : 2026 Latest Caselaw 528 Ker
Judgement Date : 19 January, 2026

[Cites 1, Cited by 0]

Kerala High Court

Benny George vs Kaiparambu Grama Panchayat on 19 January, 2026

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 1648 OF 2026              1

                                                       2026:KER:4207

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
                         WP(C) NO. 1648 OF 2026

PETITIONERS:

     1      BENNY GEORGE
            AGED 52 YEARS
            S/O GEORGE, CHANDY HOUSE, P.O ELTHURUTHU, OLARIKKARA,
            THRISSUR PIN -, PIN - 680111

     2      SWAPNA BENNY
            AGED 45 YEARS
            W/O BENNY, CHANDY HOUSE, P.O ELTHURUTHU, OLARIKKARA,
            THRISSUR PIN -, PIN - 680111

            BY ADVS.
            SRI.A.R.NIMOD
            SRI.M.A.AUGUSTINE


RESPONDENTS:

     1      KAIPARAMBU GRAMA PANCHAYAT
            MUNDOOR P.O, THRISSUR REPRESENTED BY THE SECRETARY,,
            PIN - 680541

     2      SECRETARY
            KAIPARAMBU GRAMA PANCHAYAT, MUNDOOR P.O,
            THRISSUR ,, PIN - 680541

     3      C.K.BABU
            S/O CHOVALLUR KOCHAPPAN, ANJOOR VILLAGE,
            MUNDOOR DESOM, MUNDOOR P.O, THRISSUR, PIN - 68054

            BY ADV SHRI.K.B.GANGESH - SC
            SMT. DEEPA V. - GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1648 OF 2026                    2

                                                                  2026:KER:4207

                         P.V.KUNHIKRISHNAN, J.
                  ---------------------------------------------
                        WP(C) NO.1648 OF 2026
              ------------------------------------------------------
                Dated this the 19th day of January, 2026

                                 JUDGMENT

This writ petition is filed seeking the following reliefs:

"(i) issue a writ in the nature of mandamus directing the 1st and 2nd respondents to accept the application for renewal of license manually or facilitate the filing of application for renewal online;

(ii) issue such other writ, order or direction as this Honorable court deems fit and proper in the circumstances of the case."

[SIC]

2. The petitioners, who are husband and wife, are

running a hotel named Olive Hotel, within the jurisdiction of 1 st

respondent Panchayath is the submission. The petitioners are the

tenants of the building and the 3rd respondent is the landlord of the

building. According to the petitioners, they obtained licence for

conducting the hotel in the year 2018. After the covid pandemic, in

2023, there were some disputes between the petitioners and the

landlord. The licence were not renewed because the online portal is

not accepting the renewal application, as the tax is not paid by the

landlord. In such situation, this writ petition is filed.

3. Heard the learned counsel for the petitioners, the

Standing Counsel appearing for the respondents 1 and 2 and the

2026:KER:4207

learned counsel appearing for the 3rd respondent.

4. Admittedly, the hotel is now closed. According to the

petitioners, they want to submit an application for renewal and the

same is not accepting because the property tax is not paid by the

landlord. It is a settle position as per the judgment of the Apex Court

in Sudhakaran v. Corporation of Trivandrum [2016 SCC OnLine

666] that the renewal application can be considered by the local

authority, without insisting the consent from the landlord.

5. The learned counsel appearing for the 3rd respondent

submitted that the application submitted by the petitioners is for a

fresh licence, and therefore the dictum laid down in Sudhakaran's

case (supra) is not applicable. Hence, I do not want to make any

observations about the same.

6. The counsel for the petitioner submitted that, their

application is for renewal of the licence. If that is the case, there can

be a direction to consider the same, after hearing the petitioners and

the 3rd respondent. But, I make it clear that if the application

submitted by the petitioners is for renewal, the consent of the 3 rd

respondent is not necessary for considering the same (if the

application is otherwise in order). The petitioners counsel also

submitted that the petitioners are ready to pay the property tax. If

that is the case, the panchayat can accept the same, in accordance

2026:KER:4207

with the law.

Therefore, this writ petition is disposed of with the following

directions:

i) The petitioners are free to pay the property tax of the building and submit an application for renewal of the licence before the 2nd respondent, within two weeks from the date of receipt of a copy of this judgment.

ii) If such an application is received, the 2 nd respondent will consider and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and the 3rd respondent, as expeditiously as possible, at any rate, within a period of 30 days from the date of receipt of the renewal application.

iii) I make it clear that, if the application submitted by the petitioners for renewal is in order, the 2 nd respondent shall consider the same on merits, without insisting the consent from the 3rd respondent, in the light of the principle laid down by the Apex Court in Sudhakaran's case (supra).

Sd/-


                                                 P.V.KUNHIKRISHNAN
                                                            JUDGE

     AJ
     Judgment reserved         NA
     Date of Judgment          19.01.2026
     Judgment dictated         19.01.2026
     Draft judgment placed     20.01.2026
     Final Judgment uploaded   21.01.2026


                                                       2026:KER:4207

                  APPENDIX OF WP(C) NO. 1648 OF 2026

PETITIONER EXHIBITS

Exhibit-P1      TRUE COPY OF THE LATEST REGISTRATION ISSUED BY

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA VALID FROM 20.08.2022 TILL 19.08.2027 Exhibit-P2 TRUE COPY OF THE LICENSE ISSUED BY 1ST RESPONDENT KAIPARAMBU GRAMA PANCHAYATH FOR THE YEAR 2022-2023 DATED 08.07.2022 Exhibit-P3 TRUE COPY OF THE RECEIPT FOR RENEWAL DATED 11.12.2023 Exhibit-P4 TRUE COPY OF THE SANITARY FITNESS CERTIFICATE ISSUED BY FAMILY HEALTH CENTRE, MUNDUR DATED 18.12.2024 Exhibit-P5 TRUE COPY OF THE INTERIM INJUCTION ORDER BY IIND ADDITIONAL MUNSIFF, THRISSUR, IN I.A 3/2023 IN O.S 499/2023 DATED 16.03.2023 Exhibit-P6 TRUE COPY OF THE DEMAND NOTICE DATED 29.04.2025 FOR THE SAID BUILDING ISSUED BY 1ST RESPONDENT PANCHAYATH IS PRODUCED Exhibit-P7 TRUE COPY OF OBJECTION FILED IN RCP 87/2024 DATED 01.01.2025 Exhibit-P8 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 19.08.2025 Exhibit-P9 TRUE COPY OF THE REPLY LETTER SENT TO THE 1ST RESPONDENT DATED 29.08.2025 Exhibit-P10 A TRUE COPY OF THE NOTICE ISSUED BY THE HEALTH INSPECTOR, HEALTH CENTRE MUNDUR DATED 23.08.2025 Exhibit-P11 TRUE COPY OF THE REPLY LETTER SENT TO THE HEALTH INSPECTOR, HEALTH CENTRE MUNDUR DATED 29.08.2025 Exhibit-P12 TRUE COPY OF THE SCREEN SHOT TAKEN FOR THE PAGE, DATED 07.01.2026 Exhibit-P13 TRUE COPY OF THE SCREEN SHOT OF THE TAX STATUS IS PRODUCED