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Kerala High Court
Premy George vs State Of Kerala on 6 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.47880 of 2025
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2026:KER:448
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
WP(C) NO. 47880 OF 2025
PETITIONER(S):
1 PREMY GEORGE
AGED 74 YEARS, W/O A.T.GEORGE APG COMPLEX,
KATHRIKADAVU, KALOOR P.O. ELAMKULAM VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682017
2 A.T.GEORGE
AGED 78 YEARS, S/O ARAKKAL THOMMY, APG COMPLEX,
KATHRIKADAVU, KALOOR P.O. ELAMKULAM VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682017
BY ADVS.
SHRI.VARGHESE C.KURIAKOSE
SMT.AMRITHA.J
SHRI.KURUVILLA MATHEW
SHRI.VIPIN C. VARGHESE
SMT.MARIYA MATHEW
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF LOCALSELF
GOVT. INSTITUTION, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 CORPORATION OF KOCHI,
MAIN OFFICE, BOAT JETTY ROAD, ERNAKULAM, KOCHI-
REPRESENTED BY ITS SECRETARY, PIN - 682011
3 SECRETARY, CORPORATION OF KOCHI
MAIN OFFICE, BOAT JETTY ROAD, ERNAKULAM, KOCHI,
PIN - 682011
W.P.(C) No.47880 of 2025
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4 KERALA STATE POLLUTION CONTROL BOARD
DISTRICT OFFICE, ERNAKULAM KADAVANTHRA, KOCHI
REPRESENTED BY SENIOR ENVIRONMENTAL ENGINEER,
DISTRICT OFFICE, ERNAKULAM KADAVANTHRA, KOCHI-
REPRESENTED BY SENIOR ENVIRONMENTAL ENGINEER,,
PIN - 682020
5 ANEESH.T.U
AGED 42 YEARS, S/O LATE USMAN, THIRIYAMVEETTIL,
MANDAKARA ROAD, AYYAPPANKAVU, ERNAKULAM NORTH S.O.
ERNAKULAM, PIN - 682018
BY ADVS.
SRI.ARUN ANTONY
SRI.P.A.ABDUL JABBAR
SRI.MUHAMMED SHAFFI
SMT.RINCIYA P.A.
SRI T NAVEEN, SC - KERALA STATE POLLUTION CONTROL
BOARD
SRI. K. JANARDHANA SHENOY, SC - KOCHI CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.47880 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.47880 of 2025
------------------------------------------------------
Dated this the 06th day of January, 2026
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"(i) Issue a writ, order or direction in the nature of mandamus or
other appropriate writ, directing the respondents No.2 and 3 or
the concerned among them, to take immediate action to stop
the illegal business run in building bearing Door No.64/2212 in
the absence of municipal license contemplated under Section
447 of the Kerala Municipality Act, 1994.
(ii) Issue a writ, order or direction in the nature of mandamus or
other appropriate writ, directing respondents No.2 and 3 or the
concerned among them to take immediate action to stop the
illegal business run in building bearing Door No.64/2211 in the
absence of the consent to operate issued by the 4th respondent
for which undertaking was given in the form of Exhibit-P6.
(iii) Issue a writ, order or direction in the nature of mandamus or
other appropriate writ, directing respondents No.2 and 3 or the
concerned among them to take up Exhibits-P2 and P7, issue
notice to the parties conduct hearing and pass orders within a
time frame to be stipulated by this Honourable Court, in the
interests of justice.
(iv) Allow the petitioners to recover the full costs incurred for the
institution and conduct of this writ petition (Civil) from the 5th
respondent." [SIC]
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2. According to the petitioners, they are the owners
of the building bearing Door Nos.64/2211 and 64/2212,
which is let out to the 5th respondent. The tenure of the
lease is already over. According to the petitioners, one of
the room is not having any license. The petitioners
submitted Exts.P2 and P7 applications before the 3 rd
respondent. There is no response for the same is the
submission. Hence, this writ petition is filed.
3. Heard the learned counsel appearing for the
petitioners, the Standing Counsel for the Corporation and
also the counsel appearing for the 5 th respondent.
4. I don't want to make any observation about the
merit of the case. Since Exts.P2 and P7 applications are
pending before the Corporation, the Corporation will
consider the same, after giving an opportunity of hearing to
the petitioners and the 5 th respondent. But, I make it clear
that, I have not considered the matter on merit and the
authority concerned is free to pass appropriate orders, in
accordance with law.
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Therefore, this Writ Petition is disposed of with the
following directions:
1. The 3rd respondent / competent authority
will consider Exts.P2 and P7 applications of
the petitioners and pass appropriate orders
in it, after giving an opportunity of hearing
to the petitioners and the 5 th respondent, as
expeditiously as possible, at any rate,
within a period of six weeks from the date
of receipt of a certified copy of this
judgment.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 06.01.2026
Judgment dictated 06.01.2026
Draft Judgment placed 06.01.2026
Final Judgment uploaded 07 .01.2026
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APPENDIX OF WP(C) NO. 47880 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENSE TAKEN VALID
FROM 01.04.2025 TO 31.03.2030 ISSUED BY
THE 2 ND RESPONDENT
Exhibit P2 TRUE COPY OF THE APPLICATION DATED
08.10.2025 SUBMITTED BY THE PETITIONERS
BEFORE THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE APPLICATION DATED
08.10.2025 SUBMITTED BY THE PETITIONERS
BEFORE THE SENIOR ENVIRONMENTAL
ENGINEER OF THE 4TH RESPONDENT
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE 2ND PETITIONER TO THE PUBLIC
INFORMATION OFFICER, ATTACHED TO THE
2ND RESPONDENT DATED 21.06.2025
Exhibit P5 TRUE COPY OF THE REPLY GIVEN BY THE 2ND
RESPONDENT TO THE PETITIONERS DATED
07.07.2025
Exhibit P6 TRUE COPY OF THE AFFIDAVIT OF
UNDERTAKING PRINTED ON STAMP PAPER
DATED 17.05.2025
Exhibit P7 TRUE COPY OF THE ADDITIONAL APPLICATION
SUBMITTED BY THE PETITIONERS TO THE 3RD
RESPONDENT DATED 28.11.2025
Exhibit P8 TRUE COPY OF THE ACKNOWLEDGMENT CARD
SIGNED FROM THE OFFICE OF THE 3RD
RESPONDENT DATED 29.11.2025
Exhibit P9 TRUE COPY OF THE ACKNOWLEDGMENT CARD
SIGNED FROM THE OFFICE OF THE 4TH
RESPONDENT DATED 01.12.2025
Exhibit P10 TRUE COPY OF THE COMMUNICATION DATED
15.12.2025 ISSUED BY THE 4TH RESPONDENT
