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2026 Supreme(Online)(Ker) 27337

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
E.UMMER BAVA – Appellant
Versus
M/S. INDIAN OIL CORPORATION LTD. – Respondent
WP(C) NO. 43127 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.SABU GEORGE, SHRI.P.B.KRISHNAN (SR.), SRI.P.B.SUBRAMANYAN, SRI.MANU VYASAN PETER
For the Respondents: SHRI.NOEL JACOB, SRI.M.S.AMAL DHARSAN, DR.THUSHARA JAMES

Court grants six months for lessee to vacate expired lease property for retail outlet shift.

Headnote:The petitioner sought vacation of leased property used for a petroleum retail outlet after lease expiry on 08.11.2024, relying on the lease deed (Ext.P1). No specific statutes referenced. Court found six months reasonable for respondent to shift operations considering outlet's long operation. Issue: Direction for vacation post-lease expiry. Ratio: Six-month period reasonable to enable shift of retail outlet running for considerable time. Writ petition disposed directing vacation within six months and rent payment till eviction.

Table of Content
1. petition seeks vacation post-lease expiry (Para 1)
2. six months reasonable for outlet shift (Para 2 , 3)
3. directs vacation, rent payment, disposal (Para 4 , 5 , 6)

JUDGMENT

1. The Petitioner has filed this Writ Petition seeking a direction to the Respondents to vacate the property covered by Ext.P1 lease deed, which was given for conducting a petroleum retail outlet. The contention of the Petitioner is that the lease deed expired on 08.11.2024.

2. The learned Counsel for the Respondents sought for six months time to vacate the premises.

3. Considering the fact that the retail outlet has been running for a considerable length of time, in order to enable the Respondents to shift the retail outlet, I think the period of six months sought by the Respondents is reasonable.

4. Accordingly, the Respondents are directed to vacate the premises covered by Ext.P1, within a period of six months from today.

5. The Respondents shall pay the rent till the date of eviction without default.

6. Accordingly, the Writ Petition is disposed of as above.

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