IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 12110 of 2009(G) --------------------------------------- PETITIONER: ------------------- NIZAMUDDIN, AGED 48 YEARS, CHEPPALLY VILAYIL VEEDU, PALISSERICKAL MURI, SHASTAMKOTTA VILLAGE. BY ADVS. SMT.SANDHYA RAJU, SMT.SINDHU HASHIM. RESPONDENT: ---------------------- SECRETARY, SHASTAMKOTTA PANCHAYAT. BY ADV. MR.M.RAMESH CHANDER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12110/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DISABILITY CERTIFICATE. EXT.P.2: COPY OF THE LICENSE ISSUED TO THE PETITIONER IN 2003. EXT.P.2.A: COPY OF THE LICENSE ISSUED TO THE PETITIONER'S FATHER IN 1989. EXT.P.3: COPY OF THE POSSESSION CERTIFICATE. EXT.P.4: COPY OF THE LICENSE REQUEST TO THE SHASTAMKOTTA PANCHAYAT DTD. 30TH MARCH 2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------- W.P(C).No.12110 OF 2009 ------------------------------------- Dated this the 5th day of November, 2009 J U D G M E N T ~~~~~~~ The petitioner's father was given Ext.P1 licence in 1989-90. That status continued and the petitioner came into possession and continued to carry on the activity. Ext.P2 licence was issued to him. With that, the petitioner is functioning a flour mill . Going by the statement of the respondent, his licence continued and was not cancelled. Later, when he applied for renewal of licence, the respondent, triggered by the land owner or her children, has taken the stand that the licence cannot be renewed. Once a person comes into occupation through legitimate process he is entitled to have the licence renewed so long as he is in possession, including until he is dispossessed through lawful means. No opportunity to object to such continuance is contemplated by law. That will only enable unauthorised intrusion by the statutory authorities of the Panchayat in defiance of the rule of law. For the aforesaid reasons, this Writ Petition is allowed ordering that the petitioner's request for renewal of licence shall be taken up, considered and ordered without W.P.(C) No.12110/2009 2 reference to the question whether he has continued consent of the owner of the land and building. It is clarified that this judgment is rendered without prejudice to the contentions, inter se, the petitioner, the landlord or her children in other jurisdictions. THOTTATHIL B.RADHAKRISHNAN, Judge ps