The Kerala High Court has stated that in the age of rapid urbanization, drawing a strict boundary between residential and commercial areas is becoming increasingly difficult. This observation was made by Justice P.M. Manoj while dismissing a petition related to commercialization in the Giri Nagar Housing Colony in Kochi.
The Court remarked:
"In the context of globalization and rapid urban development... drawing a clear distinction between residential and non-residential premises... has become increasingly challenging... Commercial establishments have inevitably emerged even within residential areas... Such commercial usage is no longer seen as an exception but rather as a practical necessity of modern urban living."
The petition was filed by residents objecting to the use of residential houses for commercial purposes. They argued that the land was allotted by the government to the Ernakulam Co-operative Housing Society strictly for residential use, as stated in the patta and sale deeds. The houses were meant for low and middle-income families, and any commercial activity would violate the purpose of the allotment.
They further claimed that over time, several houses were turned into offices and commercial spaces, and the local authorities allowed this in violation of land assignment rules. The petitioners complained that this change affected their right to live peacefully and caused issues like noise, traffic, and pollution.
The respondents, however, pointed out that the society had already approached the government seeking exemption under Rule 24 of the Kerala Land Assignment Rules, 1964. They argued that many families depend on the income from rented commercial spaces and such usage is essential for survival.
Taking a balanced approach, the Court noted:
"The humanitarian aspect needs to be considered... Petitioners who may be financially better off may not be affected, but others rely on tenants for their livelihood."
The Court held that once the society handed over the buildings to its members, the original purpose of the land allotment was fulfilled. It also acknowledged that the cost of living has made it hard for middle-class families to survive without alternate income sources like renting.
The Court added:
“Objecting to non-residential use in such societies ignores the realities of today’s urban life... Such objections seem to stem from personal grievance or vested interests rather than genuine community concerns.”
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The Court also emphasized that the matter was primarily a dispute within the society and its members, and thus the petitioners should have approached authorities under the Co-operative Societies Act before filing a writ.
While rejecting the plea, the Court issued a caution:
"This judgment does not allow wholesale conversion to commercial use... The Government and Cochin Corporation must ensure that further changes do not harm residents' right to a decent life under Article 21."
Case No: WP(C) 1816 of 2025 & COC751 of 2022
Case Title: Kurian Abraham and Others v State of Kerala and Others & Connected matters
