IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 1152 of 2010(T) -------------------------------- PETITIONER(S): ------------------- MATHEW.M.S. PRESIDENCY COURT, CHAMMINI ROAD, KOCHI-682017. BY ADVS. SRI.THAMPAN THOMAS SRI.JACOB CHACKO RESPONDENT(S): -------------------- 1. DISTRICT TOURIST PROMOTION COUNCIL, IDUKKI DISTRICT REPRESENTED BY ITS SECRETARY. 2. DISTRICT COLLECTOR, IDUKKI DISTRICT. BY GOVT.PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 1152/2010(T) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RECEIPT NO.7161 DATED 09/06/2007 FOR THE PAYMENT OF THE LICENSE FEE. P2: COPY OF THE LICENSE DATED 22/05/2009 FROM ELAPPARA PANCHAYATH. P3: COPY OF THE LETTER DATED 01/01/2010 BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs ANTONY DOMINIC, J. ------------------------- W.P (C) No. 1152 of 2010 -------------------------- Dated this the 7th February, 2011 J U D G M E N T Petitioner approached this Court challenging Ext.P3, a notice issued by the 1st respondent requiring the petitioner to vacate from the premises in respect of which Ext.R1 (a) licence has been granted to him. It is stated that a building with eight rooms was given to the petitioner on license, a copy of which is produced as Ext.R1 (a). This licence was for a period of two years and the period has expired on 18.6.2009. In view of the expiry of the period, petitioner was issued notice dated 15.6.2009 asking him to vacate from the premises. At that stage, petitioner applied to the 1st respondent requesting to extend the period of licence. 2. The counter affidavit shows that a meeting of the 1st respondent considered this request of the petitioner and it was decided not to extend the licence and to invite fresh tender/auction. In pursuance to the above, Ext.P3 notice dated 1.1.2010 was issued calling upon the W.P (C) No.1152 of 2010 2 petitioner to vacate from the premises. It is in these circumstances, this writ petition is filed and on the strength of an interim order obtained from this Court, petitioner is continuing occupation of the premises. 3. Admittedly, the period of license has expired. Therefore, the petitioner can have no right whatsoever to insist on continuance of his occupation of the premises. The fact that license fee has been paid to the period subsequent to 18.6.2009 ,when the license period expired,also will not give rise to any legal right for the petitioner to contend that licence has been renewed. Therefore, the petitioner will have to surrender vacant possession of the premises and respondents are free to conduct fresh tender/auction as they deem it appropriate. 4. In that view, Ext.P3 cannot be faulted for on any ground. 5. Be that as it may, the fact remains that the petitioner has invested considerable amount and is now operating the resort for tourism purposes. Therefore, immediate eviction of the petitioner, is of no benefit to the respondents also. Therefore, I feel that the interest of the W.P (C) No.1152 of 2010 3 respondents will not be prejudiced if the petitioner is permitted to continue the occupation of the premises till a fresh license is granted to anybody by conducting fresh auction/tender. However, taking note of the submission made by the learned Government Pleader that amounts are due from the petitioner, it is clarified that continued occupation can only be allowed if the petitioner clears the entire arrears that are due. 6. Therefore I dispose of this writ petition with the following directions. Challenge against Ext.P3 is repelled and it is directed that respondents are free to conduct fresh tender/auction for granting licence in respect of the premises in question. Petitioner will be permitted to continue to occupy the premises till licence is granted to anybodyelse subject to condition that the arrears if any shall be cleared and future licence fee at the applicable rate shall be paid without any default. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge