IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 23^RD DAY OF MAY 2023 / 2ND JYAISHTA, 1945 WP(C) NO.16066 OF 2011 PETITIONERS :-

1 ABDULLA.M.N.

S/O.MOHAMMED KUNHI, THOYAL HOUSE, MANIKOTH P.O., KANHANGAD-671 315.

ADDL.2 AYSHA, AGED 55 YEARS, W/O.LATE M.N.ABDULLA, THAYAL HOUSE, MANIKOTH P.O., KANHANGAD-671 315.

ADDL.3 NASEERA, AGED 36 YEARS, W/O.LATE M.N.ABDULLA, THAYAL HOUSE, MANIKOTH P.O., KANHANGAD-671 315.

ADDL.4 NASEER, AGED 34 YEARS, W/O.LATE M.N.ABDULLA, THAYAL HOUSE, MANIKOTH P.O., KANHANGAD-671 315.

ADDL.5 NADEERA, AGED 30 YEARS, W/O.LATE M.N.ABDULLA, THAYAL HOUSE, MANIKOTH P.O., KANHANGAD-671 315.

ADDL.6 NABHAN, AGED 26YEARS, W/O.LATE M.N.ABDULLA, THAYAL HOUSE, MANIKOTH P.O., KANHANGAD-671 315.

ADDL.7 NAFIYA, AGED 18 YEARS, W/O.LATE M.N.ABDULLA, THAYAL HOUSE, MANIKOTH P.O., KANHANGAD-671 315.

(ADDL.PETITIONERS 2 TO 7 ARE IMPLEADED AS PER ORDER DATED 12-12-2022 IN IA 1/2022)

BY ADV SRI.A.DINESH RAO RESPONDENTS :-

1 KANHANGAD MUNICIPALITY REPRESENTED BY ITS SECRETARY, KANHANGAD MUNICIPALITY, KANHANGAD-671 315, KASARAGOD DISTRICT.

2 THE SECRETARY LOCAL SELF GOVERNMENT INSTITUTION, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.

3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.

BY ADVS.

SMT.P.K.PRIYA SMT.DEEPA NARAYANAN, SR.GP SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 23 ^rd day of May, 2023 This writ petition is filed seeking the following reliefs :- “A. Issue a writ of certiorari or other appropriate writ, direction or order quashing Exhibits P9 and P12.

B. Issue a writ of mandamus or other appropriate writ, direction or order directing the first respondent to grant Butcher's, Fishmonger's and Poulterer's licence as contemplated under Section 469 of the Kerala Municipalities Act.

C. Declare that the petitioner is not liable to pay any rent much less any arrears of rent till electricity is provided and licence issued for conducting the trade asked for in the application for issue of licence.”

2. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the 1^st respondent Municipality as well as the learned Government Pleader.

3. It is submitted by the learned counsel for the petitioners that the original petitioner was a physically handicapped person, who had participated in a tender with regard to allotment of a room in the Kottacherry market and he had been successful in the tender. However, the physical possession of the room was not handed over to the petitioner and he could not start his business. When he submitted an application for licence, the same was declined to be considered by the Municipality on the ground that he had not paid the rent due from the date of executing the agreement.

4. The learned counsel for the petitioners submits that the original petitioner had not been permitted to occupy the room and as such, he is not liable to pay any rent in respect of the room. Further, the original petitioner has since expired and that the widow and children of the original petitioner, who have been impleaded as additional petitioners 2 to 7 in this writ petition, are desirous of eking out a livelihood by conducting fishmonger's trade in the premises. It is submitted that on the basis of the interim orders of this Court, room No.9 of the Kottacherry market is kept vacant to accommodate the claim of the petitioners if the writ petition is successful. It is, therefore, contended that in view of the fact that the original petitioner was a physically handicapped person who had been successful in the tender process with regard to one of the shop rooms and since he had paid considerable amounts towards the amounts payable in respect of the room in question, the claim of the petitioners herein, who are the widow and children of the original petitioner, for