Asmabi vs The Principal, Medical College … on 22 July, 2026

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    Kerala High Court

    Asmabi vs The Principal, Medical College … on 22 July, 2026

    Author: T.R.Ravi

    Bench: T.R.Ravi

                                                  CNR : KLHC010821572024
    
    
    
    
                                                         2026:KER:54271
    
    OP(C) Nos. 367 & 388 of 2024
                                         1
    
    
    
    
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                      PRESENT
    
                     THE HONOURABLE MR. JUSTICE T.R.RAVI
    
       WEDNESDAY, THE 22ND DAY OF JULY 2026 / 31ST ASHADHA, 1948
    
                               OP(C) NO. 367 OF 2024
    
           AGAINST THE JUDGMENT DATED 12.01.2024 IN CMA NO.46 OF
    
    2023 OF ADDITIONAL DISTRICT COURT-I, KOZHIKODE
    
           ARISING OUT OF THE ORDER DATED 21.02.2023 IN IA 8/2023
    
    IN OS NO.550 OF 2022 OF PRINCIPAL MUNSIFF COURT ,KOZHIKODE-II
    
    PETITIONER/PLAINTIFF:
    
                 ASMABI
                 AGED 36 YEARS
                 D/O. KOMU. P, METHALERIPARAMBATH HOUSE,
                 UMMALATHUR, P.O. MEDICAL COLLEGE,
                 SECRETARY FOOD STORM CATERING SERVICE
                 A KUDUMBASREE UNIT CORPORATION
                 WARD NO 22, KOVOOR, NELLIKODE VILLAGE
                 KOZHIKODE TALUK AND DISTRICT,
                 PIN - 673008
    
    
                 BY ADVS.
                 SHRI.NIRMAL.S
                 SMT.VEENA HARI
                 KUM. K. REMIYA RAMACHANDRAN
                 SMT.KEERTHY JOHNSON
                 SMT.POOJA JOSE
                                                    CNR : KLHC010821572024
    
    
    
    
                                                              2026:KER:54271
    
    OP(C) Nos. 367 & 388 of 2024
                                        2
    
    
    
    
    RESPONDENTS/DEFENDANTS:
    
         1       THE PRINCIPAL
                 MEDICAL COLLEGE HOSPITAL,
                 MEDICAL COLLEGE CAMPUS,
                 MEDICAL COLLEGE P.O.,
                 NELLICODE VILLAGE, KOZHIKODE TALUK,
                 KOZHIKODE, PIN - 673008
    
         2       STATE OF KERALA REP. BY DISTRICT COLLECTOR
                 CIVIL STATION, CIVIL STATION P.O.,
                 KOZHIKODE TALUK, KOZHIKODE,
                 PIN - 673020
    
         3       DISTRICT MISSION CO-ORDINATOR
                 KUDUMBASREE, KOZHIKODE DISTRICT,
                 CIVIL STATION P.O., KOZHIKODE TALUK,
                 KOZHIKODE, PIN - 673020
    
    
                 BY SRI S. UNNIKRISHNAN, GOVERNMENT PLEADER
    
    
          THIS     OP   (CIVIL)    HAVING   COME   UP   FOR    ADMISSION   ON
    01.04.2026, ALONG WITH OP(C).388/2024, THE COURT ON 22.07.2026
    DELIVERED THE FOLLOWING:
                                                       CNR : KLHC010821572024
    
    
    
    
                                                             2026:KER:54271
    
    OP(C) Nos. 367 & 388 of 2024
                                          3
    
    
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                      PRESENT
    
                      THE HONOURABLE MR. JUSTICE T.R.RAVI
    
       WEDNESDAY, THE 22ND DAY OF JULY 2026 / 31ST ASHADHA, 1948
    
                               OP(C) NO. 388 OF 2024
    
       AGAINST THE JUDGMENT DATED 12.01.2024 IN CMA NO.48 OF
       2023 OF ADDITIONAL DISTRICT COURT-I, KOZHIKODE
       ARISING OUT OF THE ORDER DATED 21.02.2023 IN IA 3/2022 IN
       OS    NO.550     OF    2022   OF   PRINCIPAL    MUNSIFF   COURT-II,
       KOZHIKODE
    
    PETITIONER/PLAINTIFF:
    
                 ASMABI
                 AGED 36 YEARS
                 D/O. KOMU. P, METHALERIPARAMBATH HOUSE,
                 UMMALATHUR, PO MEDICAL COLLEGE,
                 SECRETARY,
                 FOOD STORM CATERING SERVICE,
                 A KUDUMBASREE UNIT,
                 CORPORATION WARD NO 22,
                 KOVOOR, NELLIKODE VILLAGE,
                 KOZHIKODE TALUK, KOZHIKODE,
                 PIN - 673008
    
    
                 BY ADVS.
                 SHRI.NIRMAL.S
                 SMT.VEENA HARI
                 KUM. K. REMIYA RAMACHANDRAN
                 SMT.KEERTHY JOHNSON
                 SMT.POOJA JOSE
                                                 CNR : KLHC010821572024
    
    
    
    
                                                       2026:KER:54271
    
    OP(C) Nos. 367 & 388 of 2024
                                      4
    
    
    
    RESPONDENTS/DEFENDANTS:
    
         1       THE PRINCIPAL, MEDICAL COLLEGE HOSPITAL
                 MEDICAL COLLEGE CAMPUS, PO MEDICAL COLLEGE,
                 NELLICODE VILLAGE, KOZHIKODE TALUK,
                 KOZHIKODE, PIN - 673008
    
         2       STATE OF KERALA
                 CIVIL STATION, CIVIL STATION PO,
                 KOZHIKODE TALUK, KOZHIKODE,
                 PIN - 673020
    
         3       DISTRICT MISSION COORDINATOR
                 KUDUMBASREE, CIVIL STATION,
                 KOZHIKODE TALUK, KOZHIKODE, PIN - 673020
    
                 BY   SRI S. UNNIKRISHNAN, GOVERNMENT PLEADER
    
        THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
    01.04.2026,ALONG WITH OP(C).367/2024, THE COURT ON
    22.07.2026 DELIVERED THE FOLLOWING:
                                                      CNR : KLHC010821572024
    
    
    
    
                                                            2026:KER:54271
    
    OP(C) Nos. 367 & 388 of 2024
                                       5
    
    
    
    
                               T.R.RAVI, J.
                     ------------------------------------
                     O.P.(C)Nos.367 & 388 of 2024
                     -------------------------------------
                  Dated this the 22nd day of July, 2026
    
                                   JUDGMENT
    

    OP(C)No.367 of 2024 has been filed challenging the order

    dated 12.01.2024 in CMA No.46 of 2023 of the Additional District

    SPONSORED

    Court-I, Kozhikode, filed against the order dated 21.2.2023 in

    I.A.No.8 of 2023 in I.A.No.3 of 2022 in O.S.No.550 of 2022 of the

    Principal Munsiff Court, Kozhikode. OP(C) No.388 of 2024 has

    been filed challenging the order dated 12.01.2024 in CMA No.48 of

    2023 and I.A.No.3 of 2022 in O.S.No.550 of 2022 . Parties are

    referred to based on their status in the suit.

    2. O.S.No.550 of 2022 was filed by the petitioner/plaintiff

    seeking a declaration that she is entitled to continue the running

    of a cafeteria named “Food Storm Catering Service” in the garden

    area of Government Medical College Campus, Kozhikode and for a

    permanent prohibitory injunction restraining the defendants, their
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    officials and men from evicting or causing any hindrance to the

    smooth running of the cafeteria. I.A.No.3 of 2022 was filed

    seeking an interim prohibitory injunction restraining the

    defendants from dispossessing/evicting the plaintiff and her

    associates from the plaint schedule cafeteria. An ad interim

    injunction was granted by the court on 27.09.2022, valid until

    29.10.2022; on 29.10.2022, the order was extended until further

    orders. I.A.No.8 of 2023 was filed under Order XXXIX Rule 2(a) of

    the Code of Civil Procedure, 1908 seeking action against the 1 st

    defendant for wilfully disobeying the ad interim injunction passed

    in I.A.No.3 of 2022.

    3. The case of the petitioner is as follows:

    The cafeteria was established by the plaintiff in 2018 with

    permission from the 1st defendant and pursuant to the order of the

    3rd defendant. The plaintiff is the Secretary of the Kudumbasree

    Unit functioning at Ward No.22 of Kozhikode Corporation. The

    permission was granted for a period of 2 years. An agreement was

    executed between the plaintiff and the 1st defendant on

    08.05.2018. Due to the outbreak of the COVID-19 pandemic, the
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    functioning of the cafeteria was suspended for a long period, and it

    resumed after the pandemic subsided. The period originally

    granted was extended. While so, the 1st defendant invited fresh

    quotations to run the cafeteria. According to the petitioner, she

    was the only eligible applicant pursuant to the tender that was

    floated. It is stated that on 20.09.2022, the petitioner came to

    know that the defendants were attempting to evict the petitioner

    from the plaint schedule cafeteria, which resulted in the filing of

    the suit.

    4. The 1st defendant contended that the period of the

    agreement was extended till 31.12.2021, considering the COVID-

    19 pandemic situation, with a condition to pay an enhanced licence

    fee. It is stated that the plaintiff violated the terms and conditions

    and started preparing food items in the cafeteria on behalf of an

    outside catering business. It is stated that from 01.01.2022, the

    cafeteria is being run by the plaintiff without any permission and

    that the plaintiff does not have a food safety license to run the

    cafeteria. It is stated that pursuant to the tender, 10 Kudumbasree

    units participated, and one Abhaya Kudumbasree was the highest
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    bidder with a quotation of ₹91,000/- as against the quotation of

    ₹26,800/- of the petitioner. It is also stated that the petitioner’s

    position among the bidders is eighth. In I.A.No.8 of 2023, the case

    of the plaintiff was that on 26.12.2022, when the interim order

    was in force, the 1st defendant denied access to the plaintiff and

    her staff and forcefully obstructed them from opening the

    cafeteria. It is also stated that the 1 st defendant is not issuing the

    necessary consent letter to obtain a food safety licence. The 1 st

    defendant resisted I.A.No.8 of 2023 by contending that the 1 st

    defendant had not made any complaint before the Food Safety

    Department, and the Food Safety Department had, as part of a

    statewide action against the storage and sale of contaminated food

    items, visited the cafeteria. It was contented that the 1 st

    defendant does not have any control over the Food Safety

    Department. The trial court on 21.2.2023 passed an order in

    I.A.No.3 of 2022 confirming the interim prohibitory injunction

    ordered on 27.09.2022. On the same day, the court also passed

    an order in I.A.No. 8 of 2023 in I.A.No. 3 of 2022, attaching one-

    fourth of the salary of the 1 st respondent for a period of 3 months
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    from March 2023 for violation of the interim order. The matter

    was taken up in appeal by the respondents in CMA Nos.46 and 48

    of 2023. On 12.01.2024, by a common order, the two appeals

    were allowed. The Appellate Court found that Exhibit A11 is only a

    licence to run the cafeteria and does not prima facie indicate that

    exclusive possession has been handed over to the plaintiff. The

    court found that the licence by its nature is a revocable one under

    Section 60 of the Indian Easements Act, 1882 and that the plaintiff

    does not have a case that the licence is revoked. The court held

    that the temporary injunction granted is not legally sustainable,

    since a licensee, on revocation of his license, is only entitled to a

    reasonable time to leave the property and remove any goods he

    had been allowed to place therein. On the question of violation of

    the interim order, the court found that, except for oral assertions

    by the plaintiff, there is no evidence on record to show that the 1 st

    defendant violated the injunction order. The court found that, on

    the facts, it was evident that the Food Safety Officer had

    conducted an inspection of the cafeteria and issued notice stating

    that the cafeteria could not be run without an FSSAI registration.

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    It was hence found that in the above circumstances, it cannot be

    stated that the 1st respondent had violated the interim order. In

    the above circumstances, the order in I.A.No.8 of 2023 was also

    set aside. It is against the said orders in I.A.No.3 of 2022 and

    I.A.No.8 of 2023 that these original petitions have been filed.

    5. The main contention raised is that the respondents

    cannot dispossess or evict the petitioner except by following the

    due process of law, particularly since the petitioner continued to

    remain in the property for an additional 2 years beyond the

    expiration of the licence agreement. It is contended that the

    appellate order is in effect, rejecting the primary relief in the main

    suit itself.

    6. I have heard the counsel on either side.

    7. Reliance was placed on the judgment of a Division

    Bench of this court in Hamza v. Thirunavaya Grama Panchayat

    [2015 SCC Online Ker. 22587] and the judgments of the

    Hon’ble Supreme Court in Corporation of Calicut v. K.

    Sreenivasan [AIR 2002 SC 2051], State of UP & Ors. v. Lalji

    Tandon (Died) through LRs [(2004) 1 SCC 1] and Aggarwal
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    11

    & Modi Enterprises Pvt. Ltd. & Anr. v. New Delhi Municipal

    Council [(2007) 8 SCC 75]. In Corporation of Calicut

    (supra), the Hon’ble Supreme Court was considering a case under

    the provisions of the Kerala Public Buildings (Eviction of

    Unauthorised Occupants) Act, 1968. The Hon’ble Supreme Court

    held that though a licensee does not acquire any interest in the

    property by virtue of grant of licence in his favour in relation to

    any immovable property, once the authority to occupy and use the

    property is granted in his favour by way of licence, he continues to

    exercise that right so long as the authority has not expired or has

    not been determined for any reason whatsoever. The Court held

    that the licensee acquires a right to remain in occupation so long

    as the licence is not revoked and he is not evicted in accordance

    with law or otherwise. The principles laid down in the above

    judgment will not apply to this case, which is a suit filed by the

    licensee on the allegation of an attempt at forceful eviction, which,

    in effect, pre-empts the licensor from taking any legal steps for

    evicting the licensee. In Lalji Tandon (supra), the Court was

    considering a case of occupancy pursuant to a lease. The
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    12

    principles laid down cannot be applied in the case of a license. In

    Aggarwal and Modi Enterprises (supra), the case was one of

    lease of property by the Municipal Corporation and not a case of a

    licensee holding on to the property after the period of license. The

    principles laid down therein also cannot be applied to the facts of

    this case. In Hamza (supra), the Division Bench of this Court was

    considering a case where the Panchayat had taken steps to evict

    the licensee from the licensed premises. That was a case where

    the steps for eviction were taken without notice to the licensees.

    The court found that eviction without notice was illegal and

    arbitrary. However, in the said case, the appellants before the

    court had already been evicted. As there was no current license

    agreement, the prayer for repossession was rejected by the

    Division Bench and the appellants were only permitted to remove

    their articles from the shop rooms. In the case at hand, the

    question is whether the plaintiff had made out a prima facie case

    warranting the grant of an injunction. To decide the question of a

    prima facie case, one has to look into the nature of possession.

    Admittedly, the plaintiff was in possession of the premises based
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    13

    on a license, and the period of the license had also expired. It is

    also admitted that the respondents had taken steps for the

    auctioning of the right to conduct the cafeteria, and the petitioner

    had also participated in said auction. The facts revealed would

    show that the petitioner was placed only in the eighth position

    among the bidders. The petitioner cannot have a case that her

    licence can never be revoked. As such, there can be no prima facie

    case against eviction. The case, if at all, can only be against

    eviction without following the due process of law. Hence, even if

    an injunction is to be granted, it can be operational only till steps

    in accordance with the law are taken for evicting the petitioner. In

    the above circumstances, I do not find any reason to interfere with

    the order whereby the injunction stood vacated. As far as the

    order on the application regarding the violation of the injunction is

    concerned, the Appellate Court has given sufficient reasons for

    vacating the order. The reasons stated did not warrant an

    interference. The 1st respondent cannot be found guilty if action is

    taken by the Food Safety Authority against the petitioner.

    8. Yet another aspect that was argued was that the
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    14

    respondents are trying to forcefully evict the petitioner by stopping

    the electricity supply. On this aspect also, the respondents contend

    that there was an electrical mishap which occurred due to excess

    load in the cafeteria, and it was not a positive action of cutting the

    electricity. It was also submitted that the petitioners were not

    paying the electricity charges. Those aspects need not be gone

    into in these original petitions, wherein the validity of the order of

    the appellate court alone is under challenge.

    The original petitions fail and are dismissed.

    Sd/-

    T.R.RAVI

    JUDGE
    dsn/pn
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    OP(C) Nos. 367 & 388 of 2024
    15

    APPENDIX OF OP(C) NO. 367 OF 2024

    PETITIONER EXHIBITS

    Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.53/2020
    Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 08-05-
    2018 BETWEEN THE PETITIONER AND THE 1ST
    RESPONDENT
    Exhibit P3 TRUE COPY OF THE LETTER DATED 20-12-2021
    MADE BY THE 3RD RESPONDENT TO THE 1ST
    RESPONDENT
    Exhibit P4 TRUE COPY OF THE WRITTEN STATEMENT FILED
    BY THE 1ST AND 2ND RESPONDENTS
    Exhibit P5 TRUE COPY OF I.A NO.3/2022 IN O.S.550/2022
    DATED 27/09/2022 BEFORE THE MUNSIFF COURT-
    II, KOZHIKODE
    Exhibit P6 TRUE COPY OF THE COUNTER AFFIDAVIT TO IA
    NO.3/2022 IN O.S.550/2022
    Exhibit P7 TRUE COPY OF THE ORDER DATED 21/02/2023 IN
    IA NO.3/2022 OF THE PRINCIPAL MUNSIFF
    COURT-II, KOZHIKODE
    Exhibit P8 TRUE COPY OF THE IA NO.8/2023 IN
    I.A.3/2022 IN O.S.550/2022 DATED 03-01-
    2023 BEFORE THE MUNSIFF COURT-II,KOZHIKODE
    Exhibit 9 TRUE COPY OF THE COUNTER AFFIDAVIT TO IA
    NO. 8/2023 IN I.A.3/2022 IN O.S.550/2022
    Exhibit P10 TRUE COPY OF THE ORDER DATED 21/02/2023 IN
    I.A. NO. 8/2023 IN I.A.3/2022 IN
    O.S.550/2022 BEFORE THE PRINCIPAL MUNSIFF
    COURT-I, KOZHIKODE
    Exhibit P11 TRUE COPY OF THE CMA.46/2023 BEFORE THE
    PRINCIPAL DISTRICT JUDGE, KOZHIKODE
    Exhibit P12 TRUE CERTIFIED COPY OF THE COMMON JUDGMENT
    IN C.M.A 46/2023 DATED 12/01/2024 BEFORE
    THE ADDL. DISTRICT JUDGE-I, KOZHIKODE
    Exhibit P13 TRUE COPY OF THE LETTER NO.

    GMCKKD/5368/2021-D1 DATED 01-02-2024 FROM
    THE 1ST RESPONDENT
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    16

    APPENDIX OF OP(C) NO.388 OF 2024

    PETITIONER EXHIBITS

    Exhibit P1 TRUE COPY OF THE OS NO. 550/2022 BEFORE
    THE PRINCIPAL MUNSIFF COURT -II, KOZHIKODE
    Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 08-05-
    2018 BETWEEN THE PETITIONER AND THE 1ST
    RESPONDENT
    Exhibit P3 TRUE COPY OF THE LETTER DATED 20-12-2021
    Exhibit P4 TRUE COPY OF THE WRITTEN STATEMENT FILED
    BY THE 1ST AND 2ND RESPONDENTS
    Exhibit P5 TRUE COPY OF I.A.NO.3/2022 DATED
    27/09/2022
    Exhibit P6 TRUE COPY OF THE COUNTER AFFIDAVIT TO IA
    NO.3/2022
    Exhibit P7 TRUE COPY OF THE ORDER DATED 21/02/2023 IN
    IA NO.3/2022
    Exhibit P8 TRUE COPY OF THE IA NO. 8/2023 IN
    I.A.3/2022 IN O.S.550/20222
    Exhibit P9 TRUE COPY OF THE COUNTER AFFIDAVIT TO IA
    NO. 8/2023
    Exhibit P10 TRUE COPY OF THE ORDER IN I.A. NO. 8 /2023
    DATED 21/02/2023
    Exhibit P11 TRUE COPY OF THE CMA NO.48/2023
    Exhibit P12 TRUE CERTIFIED COPY OF THE COMMON JUDGMENT
    IN C.M.A 48/2023 DATED 12/01/2024
    Exhibit P13 TRUE COPY OF THE DEMAND DRAFT TAKEN BY THE
    PETITIONER FOR AN AMOUNT OF RS.2,00,000/-
    IN THE NAME OF THE 1ST RESPONDENT DATED
    16.03.2026
    Exhibit P14 TRUE COPY OF THE LEGAL NOTICE DATED
    19.03.2026 SENT TO THE 1ST RESPONDENT
    Exhibit P15 TRUE COPY OF THE REPLY NOTICE DATED 23-03-
    2026 MADE BY THE 1ST RESPONDENT
    Exhibit P16 TRUE COPY OF THE ACKNOWLEDGEMENT DATED
    27.03.2026 RECEIVED FROM THE 1ST
    RESPONDENT
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    17

    Exhibit P17 TRUE COPY OF THE ELECTRICAL CONSUMPTION
    STATEMENTS OF CAFETERIA FROM THE MONTH OF
    JANUARY 2022 TO AUGUST 2022 FROM ASSISTANT
    ENGINEER, PWD ELECTRICAL SECTION NO.III,
    MEDICAL COLLEGE CAMPUS, KOZHIKODE TO THE
    PRINCIPAL, MEDICAL COLLEGE KOZHIKODE
    COMMUNICATED TO THE SECRETARY, FOOD STORM
    CAFETERIA FOR PAYMENT
    Exhibit P18 TRUE COPY OF THE RECEIPTS EVIDENCING
    PAYMENT OF RS. 5500 TOWARDS CAMPUS
    BEAUTIFICATION FUND, GOVT. MEDICAL
    COLLEGE, KOZHIKODE RECEIVED FROM
    KUDUMBASREE CAFETERIA RENT
    RESPONDENT ANNEXURES

    Exhibit R1(a) TRUE COPY OF THE INVESTIGATION REPORT
    DATED 05/03/2026
    Exhibit R1 (b) TRUE COPY OF THE DETAILED REPORT DATED
    12/03/2026



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