IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 9965 of 2009(M) ------------------------- PETITIONER(S): --------------- T.K.VIJAYAKRISHNAN, S/O.BALAKRISHNA KURUP, AGED 57 YEARS, KUNNILEDATH, POST CHEVAYOOR, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- 1. KOZHIKODE NAGARA SABHA, REPRESENTED BY SECRETARY, KOZHIKODE. 2. THE SECRETARY, KOZHIKODE DISTRICT LIBRARY COUNCIL, ROOM NO.3, PALAYAM BUS STAND BUILDING, CHALAPURAM POST, KOZHIKODE. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.9965 of 2009 ================== Dated this the 27th day of March, 2009 J U D G M E N T The petitioner is a tenant under the 2nd respondent, of a building in which, the petitioner is running a book stall. The petitioner obtained a licence from the 1st respondent for conduct of the book stall. The period of the licence is to expire on 31.3.2009. The petitioner submitted an application for renewal of the licence, which is Ext.P3. The petitioner's grievance is that on the ground that the petitioner had filed a suit against the 2nd respondent for injunction from evicting the petitioner from the shop room, the 1st respondent is not considering the application for renewal of the licence. The petitioner, therefore, seeks the following reliefs: “(i) issue a Writ of Mandamus or any other appropriate Writ or Order, directing the 1st respondent to consider Ext.P3 Application of the petitioner for renewal of licence and renew the D&O trade licence of the petitioner, forthwith. (ii) issue such other writ, order or direction which this Hon'ble Court may deem fit and proper on the facts and circumstances of this case and in the interest of justice.” 2. I do not think that pendency of that suit is a ground for not disposing of the application for renewal of the licence submitted by the petitioner. In the above circumstances, the 1st respondent is directed to consider Ext.P3 application for renewal of licence filed by the petitioner after hearing the 2nd respondent also, before the expiry of w.p.c.9965/09 2 the period of licence. If there is delay in considering the application, the petitioner shall be allowed to continue running of the book stall until that application is finally disposed of. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge