Point of Law: Even if petitioner is legal heir of building owner and if there are other legal heirs to owner of building, Secretary of Municipality cannot be said to be wrong in directing petitioner to produce legal heirship certificate and consent from other owners.

JUDGMENT :

SHAJI P. CHALY, J.

1. This writ petition is filed by the petitioner seeking the following reliefs:

“(a) call for the records of the case leading to Ext.P7 and quash the same by issuing a writ of certiorari.

(b) issue appropriate writ or order to the respondents to issue the licence to the petitioner in respect of shop room No. 7/952 situated in Fort Road, Kozhikode without any further delay.”

2. The subject issue relates to the declining of a trade licence by the Health Officer of the Kozhikode Municipal Corporation as per Ext.P7 dated 05.03.2016 on the ground that the petitioner has not produced the legal heirship certificate and consent from other legal heirs of the landlord of the building. The issue relates to the declining of licence for the year 2016-17 and therefore, it cannot be said that anything survives to be adjudicated on the merits of the matter in the year 2022. However, even if the petitioner is the legal heir of the building owner and if there are other legal heirs to the owner of the building, the Secretary of the Municipality cannot be said to be wrong in directing the petitioner to produce the legal heirship certificate and consent from the other owners. Anyhow, it is for the petitioner to impress upon the Secretary, the entitlement of the petitioner for transfer of the trade licence.

3. In that view of the matter, I do not think that there is any illegality or arbitrariness in Ext.P7 order passed by the Secretary.

4. Therefore, after having heard the learned counsel for the petitioner and the learned Standing Counsel Sri. G. Santhoshkumar, appearing for respondents 2 and 3, this writ petition is disposed of leaving open the liberty of the petitioner to approach the Secretary of the Kozhikode Corporation seeking transfer of the trade licence by filing a proper application along with all attendant documents. If any such application is filed, I have no reason to think that the Secretary will not consider the same, in accordance with law.