KARTHIK Vs. VARKALA MUNICIPALITY

JUDGEMENT

(1.) The above writ petition is filed seeking the following reliefs:

(2.) The petitioner, along with one Vikash Sharma, formed a Limited Liability Partnership in the name of "Hospitality Heights" LLP and is conducting a hotel and lodging within the limits of Varkala Municipality, is the submission. The same is conducted in a rented premises owned by the 4th respondent. The petitioner, along with the above-mentioned Sharma, entered into a rental agreement with the 4th respondent on 1/11/2022 for the building bearing No. 28/255, namely "Hillview," situated at Thiruvambadi Road, Varkala. Exhibit P1 is the rent agreement. As per the terms and conditions in Exhibit P1, the petitioner renovated the building by furnishing the rooms to the standards of a five-star facility, is the submission. The petitioner states that he and his partner spent more than 17 lakhs on furnishing the rooms. After the same, the petitioner obtained a license from the Varkala Municipality to conduct hospitality and accommodation services at the said premises, having door number 28/255. Exhibit P2 is the license issued by the Varkala Municipality in favour of the petitioner. As per Ext. P2, the validity of Exhibit P2 is from 8/3/2024 to 7/3/2025.

(3.) After the expiry of the period of tenancy, the petitioner approached the 4th respondent to renew the rent deed, is the submission. But the 4th respondent refused to renew the rent deed, and hence the petitioner is continuing as a statutory tenant in the said building is the further submission. When the 4th respondent tried to forcibly evict the petitioner, the petitioner, along with his partner, preferred OS No. 352/25 before the Munsiff Court, Varkala, and obtained an injunction order (Exhibit P3) on 25/10/2025. In this regard, the petitioner received a Caveat from respondent Nos. 5, 6 and 7, stating that they are the present owners of the property and that they purchased it from the 4th respondent. Hence, the petitioner filed another suit as OS No. 427/25 before the Munsiff Court, Varkala, against the forceful eviction by respondent Nos. 5 to 7, and an injunction application against the same is also pending in that suit, as submitted.