IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 34684 of 2004(D) -------------------------- PETITIONER: ------------ ALI AKBAR S/O. ABDUL LATHEEF, 'NEW STORES', T.C.NO.26/1510, PRESS ROAD, THIRUVANANTHAPURAM. BY ADV. SRI.T.KRISHNAN UNNI (SR.) RESPONDENTS: ------------- 1. THIRUVANANTHAPURAM CORPORATION REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE HEALTH OFFICER, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM. 3. S.KRISHNA PILLAI, T.C.26/1308, SECRETARIAT WARD, PRESS ROAD, THIRUVANANTHAPURAM. 4. VASANTHAKUMARI, D/O. LAKSHMIKUTTY AMMA, (PERSON OF UNSOUND MIND) REPRESENTED BY GUARDIAN S.KRISHNA PILLAI, DO. DO. BY ADV. SRI.N.NANDAKUMARA MENON,SC,TVM CORPN. FOR R1&2 SRI.P.S.VASAVAN PILLAI FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY MUJEEB DT.23.8.2003. P2: .DO. BY JUNAID DT.5.6.2004. P3: TRUE COPY OF PLAINT IN O.S. 1262/03 FILED BEFORE THE MUNSIFF'S COURT, TRIVANDRUM, DT.4.8.2003. P4: TRUE COPY OF ORDER IN I.A. 7036/2003 IN O.S. 1262/03 DT.5.8.2003 OF THE MUNSIFF'S COURT, TRIVANDRUM. P5: TRUE COPY OF PETITION IN RCP 25/04 FILED BEFORE THE RENT CONTROL COURT, TRIVANDRUM DT.30.3.2004. P6: TRUE COPY OF OBJECTIONS FILED BY PETITIONER IN RCP 25/04 DT.22.7.2004. P7: TRUE COPY OF RECEIPT ISSUED BY CORPORATION DT.7.8.2003. P7(a): .DO. .DO. P8: TRUE COPY OF REPRESENTATION DT.4.3.2004. P9: TRUE COPY OF NOTICE ISSUED BY HEALTH INSPECTOR, TRIVANDRUM CORPORATION, DT.17.9.2004. P10: TRUE COPY OF EXPLANATION FILED BY PETITIONER DT.29.9.2004. P11: TRUE COPY OF ACKNOWLEDGEMENT ISSUED BY TRIVANDRUM CORPORATION DT.1.10.2004. P12: TRUE COPY OF NOTICE ISSUED BY CORPORATION DT.12.10.2004. P13: TRUE COPY OF REPLY FILED BY PETITIONER DT.13.10.2004. P14: TRUE COPY OF COVER PAGE OF THE RETURNED COVER DT.NIL. P15: TRUE COPY OF NOTICE ISSUED FROM THE CORPORATION DT.17.11.2004. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.34684 of 2004 .................................................................... Dated this the 29th day of May, 2008. JUDGMENT The W.P. filed in 2004 was for direction to the Corporation to grant licence to the petitioner to continue business. Petitioner was stated to be carrying on grocery business with a licence issued by the Corporation in a rented premises. However, on account of dispute between the petitioner and the landlord, Corporation declined to renew the licence. It is not known whether licence was renewed and petitioner is carrying on business or whether petitioner stands evicted from the building. In any case I feel Corporation should continue to grant licence to the petitioner as long as petitioner is allowed to occupy the building. Until the petitioner is evicted from the building, he should be granted licence to carry on business. The W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms