IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18920 of 2010(L) -------------------------- PETITIONER(S): --------------- SUNILA ASLAM, W/O.ASLAM, H.NO.14/2169, CHULLICKAL, KOCHI-5,ERNAKULAM DISTRICT. BY ADVS. SRI.SAJAN MANNALI SRI.M.P.JAYAKUMAR RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, SECRETARY ' COCHIN HERITAGE ZONE CONSERVATION SOCIETY, DTPC, ERNAKULAM OFFICE, KANAYANNUR TALUK BUILDING PARK AVENUE, KOCHI,PIN 682 011. 2. 'COCHIN HERITAGE ZONE CONSERVATION SOCIETY, REPT.BY ITS SECRETARY DTPC, ERNAKULAM OFFICE, KANAYANNUR TALUK BUILDING PARK AVENUE, KOCHI,PIN 682 011. BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J -------------------- W.P.(c).No.18920 of 2010 ---------------------------------------- Dated this the 17th day of June, 2010 J U D G M E N T The petitioner is the wife of one Aslam.M.N, who had Ext.P1 license arrangement with the second respondent for conducting a food court at Fort Cochi. By Ext.P2, the petitioner's husband has been informed that since he had violated the conditions of agreement, he shall handover the key of the building in question, for which license has been granted and pay rental arrears up to May, 2010, failing which action was proposed to be taken to close the shop with police assistance. Petitioner submits that the petitioner's husband is abroad and the petitioner is running the food court on behalf of her husband, who is the licensee. One of the contentions raised is that as the licensee was not afforded an opportunity of being heard before passing Ext.P2, Ext.P2 is bad for violation of the principles of natural justice. 2. The learned Government Pleader pointed out that in so far as the petitioner is not the licensee, the petitioner has no locus-standi to file this writ petition at all. I am not going into that question now. I am inclined to consider this writ petition as W.P.(c) No.18920/10 2 a representation on behalf of her husband since he is not in station and urgent action is necessary. From Ext.P2, I find that no notice was served before passing Ext.P2. In the above circumstances, I direct the first respondent to pass fresh orders after issuing a notice for a hearing to the licensee and hearing him. Admittedly, the licensee is abroad. Since the petitioner has filed this writ petition representing the licensee, notice shall be served on the petitioner on behalf of the licensee and she shall see that the licensee, her husband, arranges for representation at the hearing to be conducted. After hearing, the district collector shall pass fresh orders within two months from the date of receipt of a copy of this judgment. Ext.P2 shall be kept in abeyance till then. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE. Sou.