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2026 Supreme(Online)(Ker) 5817

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
SUMATHRANI MISRA, KAILASHNADH MISRA, ROOP NARAYAN MISRA, B UMAKANTH MISRA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.D.SUSMITH KUMAR, SHRI.C.SIVADAS, SMT.T.O.DEEPA
For the Respondents: SMT.BINDUMOL JOSEPH, SHRI.V.V.SURENDRAN, SHRI.P.V.ANOOP, SHRI.SRIVIDYA K, SRI.PHIJO PRADEESH PHILIP, SRI.P.A.HARISH, SC- V KRISHNA MENON, GP-RIYAL DEVASSY

JUDGMENT

Dated this the 28th day of January, 2026 Petitioners have approached this Court seeking a direction to the 2nd respondent to take adequate and effective measures to evict respondents 5 to 13, who are occupants/inmates of the shoproom, bearing Building Nos.617, 618, 619, 632, 638, 639, 640, 641, 642 and 643 in Ward Number 59 of Kozhikode Corporation.

2. Petitioners submit that they are the owners of a commercial building in Ward No.59 which is almost 160 years old, and is now in a very dilapidated condition. Petitioners would submit that the roof collapsed in major portions and it contributed to the interior and structural deterioration. Thereupon, petitioners requested respondents 5 to 13 to vacate the premises, but they refused to do so. Thereupon, Ext.P12 proceeding was initiated by the Executive Engineer directing the petitioners either to demolish or renovate the aforesaid building forthwith. After receipt of Ext.P12 notice petitioners requested respondents 5 to 13 to vacate the respective premises so that further action could be taken pursuant to Ext.P12. But they refused to agree to the said request made by the petitioners. Later, Ext.P13 reminder letter was issued di

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