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Kerala High Court
K.D.Sunil vs Aluva Municipality on 30 March, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 5295 OF 2021 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
WP(C) NO. 5295 OF 2021
PETITIONER/S:
K.D.SUNIL
AGED 53 YEARS
S/O. DEVASSY, KALATHIPARAMBIL HOUSE, CANAL ROAD,
ANDI COMPANY, ALUVA, ERNAKULAM - 683101.
BY ADVS.
SRI.JAGAN ABRAHAM M.GEORGE
SRI.JAISON ANTONY
RESPONDENT/S:
1 ALUVA MUNICIPALITY
MUNICIPAL OFFICE, ALUVA - 683101, REPRESENTED BY
ITS SECRETARY.
2 THE SECRETARY
ALUVA MUNICIPALITY, MUNICIPAL OFFICE, ALUVA -
683101.
BY ADV SRI.K.T.THOMAS
OTHER PRESENT:
SRI.K.T.THOMAS,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.03.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 5295 OF 2021 2
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P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C) No. 5295 of 2021
--------------------------------------
Dated this the 30th day of March, 2026
JUDGMENT
The above writ petition is filed with following
prayers :
i) "To set aside Exts. P-7 Demand Notice
ii) To declare that the Municipality has no right to
demand higher rent than the existing rent with 5% yearly
increase, without execution of new lease agreement
between the Municipality and the petitioner.
iii) To direct the respondent to calculate the arrears
wef 10/18 @ Rs 5655/- with 5% annual increase thereon
and to give reasonable instalments for payment of arrears
after adjusting the payments already made.
iv) To complete the construction of the old market
building and allot the rooms to the petitioner under
rehabilitation fixing reasonable rate of rent.
v) To pass such other orders as this Hon'ble Court
shall deem just." [SIC]
2. According to the petitioner, he vacated a
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room leased out by the respondents in the year 2016 on the
understanding that he will be alloted similar room in the
newly constructed building on a reasonable term under
rehabilitation and that he would be permitted to continue
his business is the submission. It is submitted that on
occupation, the Municipality demanded the petitioner to pay
a total advance amount of Rs.6,00,000/- and he was
compelled to pay the same in order to avoid legal
consequences is the submission. At that time also, the
understanding was that the existing rent will continue with
a 5% increase every year during the period of temporary
application is the submission of the petitioner. It is further
submitted that the rent paid by the petitioner on the
existing room in 2016 prior to shifting to 'new temporary
room' was Rs.5,130/-. The grievance of the petitioner is
that, without executing any lease agreement, the
Municipality is demanding an exorbitant amount of
Rs.16,625/- per month from the petitioner with effect from
January, 2019 and presently an amount of Rs.18,329/- and
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thereby, a total amount of Rs.6,09,768/- demanding penalty
and other charges as per Ext.P7. Aggrieved by the same,
this writ petition is filed.
3. Heard the learned counsel for the petitioner
and the learned Standing Counsel appearing for the
Municipality.
4. After hearing both sides, I am of the
considered opinion that this writ petition need not be
retained here. The grievance raised by the petitioner in this
writ petition can be raised before the Municipality by way of
representation and there can be a direction to consider the
same, with notice to the petitioner. A time limit also can be
fixed.
Therefore, this writ petition is disposed of with the
following directions :
1) The petitioner is free to submit a representation
narrating his grievance raised in this writ petition
against Ext.P7 before the competent authority of
respondents within one month from the date of receipt
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of a certified copy of this judgment.
2) If such a representation is received, the competent
authority of the respondents will consider the same
and pass appropriate orders in it, after giving
sufficient opportunity of hearing to the petitioner as
expeditiously as possible, at any rate, within three
months from the date of receipt of the representation.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 30/03/2026
Judgment dictated 30/03/2026
Draft judgment placed 31/03/2026
Final judgment uploaded 31/03/2026
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APPENDIX OF WP(C) NO. 5295 OF 2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 16.11.09
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 02.12.09
EVIDENCING ADVANCE PAYMENTS, ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P2(A) TRUE COPY OF RECEIPT DATED 11.01.10
EVIDENCING ADVANCE PAYMENTS, ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 12.01.10
EVIDENCING RENT PAYMENT, ISSUED BY THE
2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED
03.06.2015 EVIDENCING THE PAYMENT OR
RENT, ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE RECEIPT ISSUED BY THE
1ST RESPONDENT EVIDENCING ADVANCE
PAYMENT OF RENT DEPOSIT, BY 2ND
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE RENT RECEIPT DATED
28.01.20 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 12.02.21
ISSUED BY THE 2ND RESPONDENT.
