IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WA.No. 510 of 2009() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2830/2009 DATD 28/01/2009. .................... APPELLANT/PETITIONER: -------------------------------------- A.AYYAPPAN,LICENSEE, CHEMIST STALL/TVC,TC 23/1297, CHERUVILAKATHU PUTHEN VEEDU, THYCAUD,THIRUVANANTHAPURAM. BY MR.ABRAHAM VAKKANAL, SENIOR ADVOCATE ADV. MR.PAUL ABRAHAM VAKKANAL MR.BIJIMON C.CHERIAN MR.DIJO SEBASTIAN MR.SABU JOSE RESPONDENTS/RSPONDENTS: -------------------------------------------- 1. THE DIVISIONAL RAILWAY MANAGER, DIVISIONAL OFFICE, THIRUVANANTHAPURAM. 2. THE DIVISIONAL RAILWAY MANAGER, DIVISIONAL OFFICE, COMMERCIAL BRANCH, THIRUVANANTHAPURAM. BY ADV. MR.N.B.SUNIL NATH, SC, RAILWAYS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.A.NO.510 OF 2009 () ----------------------------------- Dated this the 3rd day of March, 2009 J U D G M E N T KOSHY,Ag.CJ. Appellant/petitioner is running a Chemist Stall in the Trivandrum Railway Station. Appellant's licence expired on 1.11.2007. It is the contention of the appellant that he was asked to vacate the premises because as per the new policy, medical shops are to be established as extension of book stalls. It is the case of the appellant that the policy is deferred. Licence of the appellant expired on 1.11.2007 and appellant cannot open the shop without the licence even if the new policy is not implemented. A person whose license has already expired cannot get an order from this Court to remain in the premises. The learned Single Judge also noticed that Ext.P2 judgment which was obtained by him was not appealed against even though it is submitted that after more W.A.510/09 2 than a year, a writ appeal is now filed with defects along with a delay condonation petition. In any way, appellant ceased to be a licensee with effect from 1.11.2007. Hence, this appeal is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008