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2026 Supreme(Online)(Ker) 31806

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.Abdul Hakhim, J
Sunil Alexander – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent
WP(C) NO. 10578 OF 2026

Advocates:
For the Appellants/Petitioners: Sabu George, P.B.Subramanyan, Manu Vyasan Peter
For the Respondents: Thushara James, Tony Augustine

A court has the jurisdiction to direct an oil marketing company to vacate a leased property within a specific timeframe following the expiration of the lease deed, provided the entity continues to pay rent until the date of vacation.

Headnote:The petitioner sought a direction to an oil marketing company to either renew a lease agreement based on a proposed rental offer or to vacate the premises following the expiration of the lease. The court noted that negotiations regarding the rent increase were unsuccessful. Based on previous legal precedents, the court affirmed its jurisdiction to direct a commercial entity to vacate premises once the lease term has expired. The central issue was whether the court could mandate the vacation of leased premises by a commercial entity upon the expiry of a lease where renewal terms could not be reached. The court held that once a lease deed expires and no mutual settlement on new terms—specifically regarding rent—is achieved, the landowner is entitled to possession, and the court maintains the authority to set a timeframe for the occupant to vacate. The writ petition was disposed of with a direction for the respondents to vacate the premises within five months, provided they continue to pay rent according to the terms of the expired deed through the interim period.

Table of Content
1. petitioner seeks restoration of possession after lease expiry due to settlement failure. (Para 1 , 2)
2. parties failed to reach a consensus on rent renewal terms. (Para 4)
3. court holds authority to enforce vacation of expired lease premises. (Para 5 , 6)

JUDGMENT

Dated this the 26^th day of May, 2026

1. Petitioner has filed this Writ Petition seeking direction to the Respondent/Oil Marketing Company to accept the offer made by the Petitioner in the Ext.P7 and to renew the Ext.P1 Lease Deed in accordance with law and further seeking direction to the Respondents to vacate the property covered by Ext.P1 Lease Deed in the event of non-renewal of the lease agreement.

2. This Court had adjourned the matter from time to time in order to enable the parties to arrive at a settlement regarding the quantum of rent for the renewal of the lease.

3. Learned Counsel for the Petitioner submitted that there is a chance of the Respondents accepting the offer made by the Petitioner in Ext.P7 for renewal of the lease for a higher rate of rent suggested by the Petitioner, and hence, a direction may be issued to vacate the premises, as the lease period is over.

4. The learned Standing Counsel for the Respondents submitted that the Respondents are not agreeable to the renewal of the lease for the rate of rent suggested by the Petitioner, and that several negotiations were held to arrive at a settlement regarding the rent for the renewal of the Lease Deed.

5. The issue is covered in favour of the Petitioner in Exts.P9 to P11 judgments of this Court and Ext.P12 Order of the Hon’ble Supreme Court that, in case of expiry of the lease deed, this Court has ample jurisdiction to direct the Oil Marketing Company to vacate the leased premises within a time frame. There is no dispute that the Ext.P1 lease has expired.

6. Accordingly, this Writ Petition is disposed of, directing the Respondents to vacate the leased premises covered by Ext.P1 Lease Deed within a period of five months from today, subject to the condition that the Respondents shall continue to pay the rent as per Ext.P1 without default.

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2026 Supreme(Online)(Ker) 31806

IN THE HIGH COURT OF KERALA AT ERNAKULAMM.A.Abdul Hakhim, JSunil Alexander – AppellantVersusIndian Oil Corporation Ltd. – RespondentWP(C) NO. 10578 OF 2026

A court has the jurisdiction to direct an oil marketing company to vacate a leased property within a specific timeframe following the expiration of the lease deed, provided the entity continues to pay rent until the date of vacation.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.Abdul Hakhim, J
Sunil Alexander – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent
WP(C) NO. 10578 OF 2026