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2022 Supreme(Ker) 634

SHAJI P.CHALY
BINDU D/O MADHAVAN NAIR – Appellant
Versus
KOZHIKODE CORPORATION REP. BY ITS SECRETARY – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: O.D. SIVADAS.
For the Respondents: G. SANTHOSHKUMAR, K.D. BABU.

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. A

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