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2020 Supreme(Ker) 705

S.MANIKUMAR, SHAJI P.CHALY
Kattoor Khadeeja D/o Aliyumma – Appellant
Versus
P. K. C. Mariyumma @ Mariambi W/o T. K. P. Abdul Hameed Haji – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Mahesh V. Ramakrishnan.
For the Respondents: Sri. George Mathews, Sri. M. Sasindran.

JUDGMENT :

SHAJI P. CHALY, J.

1. This writ appeal is preferred by the 3rd respondent in W.P. (C) No. 18681/2019, challenging the judgment of a learned Single Judge dated 9.9.2020, whereby the writ petition filed by the 1st respondent herein i.e., one P.K.C. Mariyumma was allowed, holding that the Payyannur Municipality is bound to issue licence to the 1st respondent- tenant of the buildings belonging to the appellant, in accordance with law. Brief material facts for the disposal of the writ appeal are as follows.

2. First respondent's husband one T.K.P. Abdul Hameed Haji was running a business of footwear in rooms bearing Nos. PMC 22/783 and 791 (new numbers, PMC 19/1426 and 19/1431), belonging to the appellant. The licence was issued in the name of Abdul Hameed Haji, who died on 28.6.2018. Thereafter, according to the writ petitioner, she is managing the affairs of the shop with the help of a staff viz. Rafi. It is also the case of the writ petitioner that the owner of the rooms is not in good terms with the writ petitioner especially after the death of Abdul Hameed Haji. Thereupon, the owner and her son want the writ petitioner, to vacate the room for their use.

3. It is the case of

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