IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 9633 of 2005(V) ------------------------- PETITIONER: ------------ T.R.SATHEESH MENON, S/O.RAMANKUTTY MENON RAMANILAYAM, THIRUVANCHIKULAM DESOM, METHALA VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.R.SHAJI RESPONDENTS: ------------- 1. THE SECRETARY, KODUNGALLUR MUNICIPALITY, KODUNGALLUR, THRISSUR DISTRICT. 2. FATHIMA, W/O.MUHAMMEDALI, PUNILATH HOUSE KULIMUTTOM, DESOM, PAPPINIVATTOM DESOM KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9633/2005 APPENDIX PETITIONER'S EXTS: EXT.P1: A TRUE COPY OF THE LICENCE NO.PH-1/2125/91 DATED 3.1.1992 ISSUED BY THE MUNICIPAL COMMISSIONER OF KODUNGALLUR MUNICIPALITY. EXT.P2: COPY OF THE OWNERSHIP CERTIFICATE OF THE 2ND RESPONDENT DT.20.8.2001. EXT.P3: COPY OF THE CONSENT LETTER FROM THE 2ND RESPONDENT DT.11.02.2004. EXT.P4: COPY OF THE NO OBJECTION CERTIFICATE OF THE BROTHER OF THE PETITIONER. EXT.P5: COPY OF THE LETTER DT.15.2.2005 ISSUED BY THE 1ST RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DT.23.2.2005 ISSUED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7: COPY OF THE AGREEMENT DT.2.5.1996. EXT.P7(a): COPY OF THE AGREEMENT DT.4.9.2001. EXT.P8: COPY OF THE RECEIPTS DT.14.2.2000 ISSUED BY THE 1ST RESPONDENT. EXT.P9: COY OF THE RECEIPT DT.9.2.2001 ISSUED BY THE 1ST RESPONDENT. EXT.P10: COPY OF THE RECEIPTS DT.4.2.2002 ISSUED BY THE 1ST RESPONDENT. EXT.P11: COPY OF THE RECEIPTS DT.14.2.2003 ISSUED BY THE 1ST RESPONDENT. EXT.P12: COPY OF THE LETTER DT.9.3.2005 WITH NO.PH1-2280/05 ISSUED BY THE 1ST RESPONDENT. //TRUE COPY// PA TO JUDGE. K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO.9633 OF 2005-V ----------------------------------------- JUDGMENT The petitioner challenges Ext.P12 notice, by which the 1st respondent has rejected his application for D & O licence for the year 2005-06. The said financial year is already over. Therefore, the Writ Petition has become infructuous. If the petitioner's application for licence for the year 2008-09 is pending before the 1st respondent, the same shall be considered and disposed of in accordance with law, after affording an opportunity of being heard to the petitioner and the 2nd respondent within one month from the date of production of a copy of this judgment. The Writ Petition is disposed of as above. 5th September, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/