The Court extended an interim order until 30.06.2023 in a writ petition challenging cancellation of a shop licence. The petitioner must pay specified rent installments and vacate premises by 31.06.2023.
Extended interim order till 30.06.2023 upon undertaking to pay rent installments totaling Rs. 1 lakh and vacate premises by 31.06.2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 27TH DAY OF FEBRUARY 2023 / 8TH PHALGUNA, 1944
WP(C) NO. 4058 OF 2023
PETITIONER:
SREEJINI BAI,AGED 42 YEARS,W/O LINTO, THIRUTHOLY HOUSE, ATTAPPADAM, KORATTY, KINFRA PARK, THRISSUR DISTRICT., PIN - 680309
BY ADV V.BEENA
RESPONDENTS:
BY ADVS.
SHEEJO CHACKO, raphel,SHEENAMOL VARGHESE(K/196/2015)
OTHER PRESENT:
GP- RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.4058 of 2023 2
VIJU ABRAHAM,J
W.P.(C).No.4058 of 2023
Dated this the 27th day of February, 2023
JUDGMENT
Above writ petition is filed challenging Ext P5
notice issued by the 2nd respondent whereby the petitioner was intimated that the licence granted to him has been cancelled. Petitioner is running a shop
in a building on the strength of Ext. P1 licence agreement. Ext P2 and P3 are the licences issued by the 2nd respondent Municipality for the year 2021-22 and 2022-23. The rent for the licenced premises was fixed as Rs. 45000/- per month. There were arrears in payment of rent, and Ext P4 legal notice was
issued by respondents 2 to 5 calling upon the petitioner to vacate the premises. To the surprise of the petitioner, he was issued with Ext P5 notice
intimating that the licence issued has been cancelled.
W.P.(C).No.4058 of 2023 3
would submit upon instructions that Ext P5 was
issued as consent from the landlord was not produced by the petitioner. Learned counsel for respondents 3 to 5 would submit that the rent is in arrears and the petitioner has undertaken to vacate the premises and contrary to the said undertaking, the petitioner is continuing in the licenced premises without paying rent. Thereupon, learned counsel for the petitioner would submit that the petitioner is ready and willing to vacate the premises before 30.06.2023 and that he is prepared to pay a portion of the rent arrears to prove his bonafide.
W.P.(C).No.4058 of 2023 4
Municipality, and on a further undertaking that the petitioner will vacate the licenced premises on or before 31.06.2023. The right of respondents Nos. 3 to 5 to proceed in accordance with law for recovery of balance arrears of rent is left open. It is made clear that if the amounts are not paid as directed above, the interim order granted will stand automatically vacated.
With the above said direction, the writ petition is disposed of.
sd/-
VIJU ABRAHAM,
JUDGE
pm
W.P.(C).No.4058 of 2023 5
APPENDIX OF WP(C) 4058/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENSE AGREEMENT DATED 27.3.2021 BETWEEN THE PETITIONER AND THE 3RD AND 4TH RESPONDENTS. Exhibit P2 TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY, CHALAKKUDY MUNICIPALITY FOR THE PERIOD OF 2021-2022 Exhibit P3 TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY, CHALAKKUDY MUNICIPALITY FOR THE PERIOD OF 2022-2023. Exhibit P4 TRUE COPY OF THE LEGAL NOTICE DATED 2.11.2022 ISSUED BY THE LICENSOR THROUGH HIS COUNSEL TO VACATE THE PREMISES Exhibit P5 TRUE COPY OF THE NOTICE DATED 6.12.2022 ISSUED BY THE SECRETARY, CHALAKKUDY MUNICIPALITY TERMINATING THE LICENSE OF THE SHOP
2 issues framed by the court
Whether the petitioner should be granted extension of interim order pending resolution of licence cancellation and rent arrears.
Whether conditions for payment of rent arrears and vacation of premises are appropriate to maintain the interim order.
SREEJINI BAI
STATE OF KERALA
THE CHALAKKUDY MUNICIPALITY
JOSEPH.P.THOMAS
VARGHESE.P.THOMAS
CHERIYAN.C.THOMAS
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
