IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 29062 of 2009(C) --------------------------------------- PETITIONER: ------------------- CHANDY KORUTHU, KANJIRATHARA HOUSE, MEENTHALAKKARA MURY,KUTTAPPUZHA VILLAGE, THIRUVALLA. BY ADV. MR.T.P.PRADEEP. RESPONDENTS: ------------------------ 1. THIRUVALLA MUNICIPALITY,REPRESENTED BY IT'S SECRETARY,THIRUVALLA. 2. THE SECRETARY,THIRUVALLA MUNICIPALITY, THIRUVALLA. 3. THE TAHSILDAR,TALUK OFFICE, THIRUVALLA. R1 & R2 BY ADV. MR.S.SUBHASH CHAND, S.C, R3 BY GOVT. PLEADER MR. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.29062 of 2009-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of October, 2009. JUDGMENT 1.The petitioner is the father of a person who was granted a licence in relation to a shopping room or hall of the first respondent Municipality. The licensee died in 2003. According to the petitioner, he is continuing the activity as a legal representative of the deceased licensee and has also filed certain applications for transfer of licence etc. Petitioner states that he has applied for certificate of heirship and that the said matter has reached the stage of publication. In the meanwhile, following Ext.P2 notice, the premises has been locked up by the Municipality. 2.In the counter affidavit, Ext.P2 is supported by Ext.R2(d). The petitioner's status as a legal representative of the deceased licensee is not in WPC29062/2009 -: 2 :- dispute. But, technically, the heirship certificate is yet to reach the Municipality. This appears to be the reason of issuance of Exts.P2 and R2(d). However, it appears that when the premises was locked up by the Revenue Inspector, he has, in his report, stated that one Suresh was staying with his family as occupying the premises. The counter affidavit proceeds as if Exts.P2 and R2(d) etc. were also issued on that ground. Exts.P2 and R2(d) are not issued on any such ground on a reading of those documents. Having regard to the totality of the facts and circumstances, I am of the view that as the petitioner's application for heirship certificate is pending consideration, it needs to be stated that the Municipality should grant the petitioner an opportunity to produce the certificate and seek transfer of the licence. Hence, it is ordered that the room/hall will be re-opened immediately and petitioner put back in possession. He shall be given three months' time WPC29062/2009 -: 3 :- to produce the heirship certificate and the Municipality will, then, process the application for transfer of licence provided the petitioner produces everything that is needed for such transfer. It will be open to the Municipality to reasonably hike the rent. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/041109