IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 16636 of 2011(D) -------------------------- PETITIONER: --------------- SIMON JOSEPHAI, S/O. JOSEPHAI, NAVODAYA, C-10, SARANYA APARTMENTS, KALOOR, KOCHI-17. BY ADV. MR.K.R.VINOD RESPONDENTS: --------------- 1. THE SECRETARY, CORPORATION OF KOCHI, ERNAKULAM. 2. THE HEALTH OFFICER, CORPORATION OF KOCHI, ERNAKULAM. ADV. MS.SAREENA GEORGE, SC, COCHIN CORPORATIO FOR R1, 2 ADV. MR.P.K.SOYUZ, SC FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16636 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: ORIGINAL APPLICATION MADE BEFORE THE RESPONDENT SEEKING MUNICIPAL LICENCE. EXT.P2: JUDGMENT PASSED BY THE HON'BLE SUB COURT, ERNAKULAM IN O.S.NO.1040/2007 DATED 16.6.2010. EXT.P3: STOP MEMO DATED 07.06.2011. RESPONDENTS' EXHIBITS: NIL ...... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.16636 Of 2011 ---------------------- Dated this the 5th day of July, 2011. J U D G M E N T The writ petition is filed seeking to quash Ext.P3 stop memo issued by the 2nd respondent, Health Officer, Corporation of Cochin, and for a direction to the respondents to accept Ext.P1 application for issuing municipal licence in favour of the petitioner within a stipulate time. 2. It is not disputed that the mother of the petitioner is the absolute owner of building No.40/3188 located in Broadway, Ernakulam. The mother was conducting CD/DVD business in the said shop room. It is the case of the petitioner that after his mother's death, he continue to run CD/DVD business in the shop room. Since the licence expired, the petitioner applied for renewal of licence for continuing the conduct of the business in the said shop room. The learned counsel for the petitioner submits that there existed a dispute between the petitioner and his brother, Abraham Sason, regarding the ownership and possession of the said shop room. Abraham Sason filed ::2:: W.P.(C).No.16636 Of 2011 O.S.No.1040/2007 before the Principal Sub Court, Ernakulam, for recovery of possession of building Nos.40/3188 & 40/3187 from the petitioner. The suit was dismissed by the Principal Sub Court, Ernakulam, by judgment dated 16.6.2010, finding that the plaintiff in the suit, Abraham Sason, is not entitled to recovery of possession of the property. Petitioner's grievance is that the Corporation refused to grant licence to run the shop and issued Ext.P3 stop memo on9.6.2011 directing him to stop the functioning of the CD/DVD shop within one week from the date of receipt of the stop memo. According to the petitioner, failure to issue licence is per say illegal and therefore he approached this Court seeking appropriate direction from this Court. 3. The learned counsel for the Corporation submits that the Corporation has no objection in issuing a licence, provided, the petitioner submits an application in the prescribed form with supporting documents as per Rules and that Ext.P1 application is defective. The learned counsel for the petitioner submitted that he is willing to submit a fresh application in accordance with the Rules. ::3:: W.P.(C).No.16636 Of 2011 4. In the light of the said submissions made by the counsel on both sides, this Court direct the respondents to issue municipal licence to the petitioner, provided, that the petitioner submits an application in the prescribed form with supporting documents in accordance with law. In that event, the Corporation shall issue licence within a period of two months from the date of receipt of the application. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-