Court emphasizes civil court route for eviction; mandates cancellation of expired explosive license for petroleum outlet.
The Kerala High Court, in a significant judgment dated January 12, 2026, has clarified the limits of writ jurisdiction concerning the eviction of private lessees. The case, Choorapilan Jameela v. Padavanna Shamseer, dealt with a writ petition seeking the eviction of a private lessee, Padavanna Shamseer, from a leased property and the cancellation of an explosive license for a petroleum retail outlet.
Mr. M.A. Abdul Hakhim, J., presiding over the matter, highlighted that a writ of mandamus is not maintainable for evicting a private lessee from leased premises. The court asserted that eviction must be sought through a civil court. The lease in question, established on January 21, 2004, for a term of 20 years, expired on January 31, 2024. Despite this, the respondents continued to occupy the premises, leading to the legal challenge by the petitioner, Choorapilan Jameela.
The judgment drew on precedents including C. Albert Morris v. K. Chandrasekaran and others, emphasizing that writ jurisdiction under Article 226 of the Constitution is not applicable for disputes involving private individuals unless constitutional or statutory rights are at stake. The court noted that the lessee, being a private entity, does not fall under the definition of 'State' as per Article 12, thereby making the writ inapplicable for eviction purposes.
However, the court granted relief regarding the petitioner's second prayer for the cancellation of the explosive license issued to the respondents. Under Rule 152 of the Petroleum Rules, 2002, the license stands automatically cancelled if the lessee ceases to have the right to the site. Since the lease expired, the lessee no longer had legal rights to the premises, warranting the cancellation of the license without the necessity for a formal order or a hearing.
The court mandated the statutory authority, referred to as Respondent No.4, to cancel the explosive license for the petroleum outlet, as the authority failed to act within a reasonable time after the petitioner’s demand.
This judgment underscores the necessity for landlords to pursue eviction through civil courts in cases involving private lessees while reinforcing the automatic cancellation provision for licenses under expired leases.
Bottom Line:
A Writ of Mandamus is not maintainable for eviction of a private lessee from leased premises; however, it can be sought for cancellation of licenses if statutory requirements are not fulfilled or if the lease has expired.
Statutory provision(s):
- Constitution of India, Article 226
- Petroleum Rules, 2002, Rule 152
Choorapilan Jameela v. Padavanna Shamseer, (Kerala) : Law Finder Doc Id # 2836463
