Legal heirs can continue a license only until the expiry of the original license term, pending any representations for renewal.

JUDGMENT

1. This Writ Petition was filed on 06.06.2016 by one Radha K., seeking a declaration that the Petitioner is entitled to have the license for running the railway canteen at Alappuzha Railway Station renewed from 01.07.2016 onwards and for other reliefs. Originally, the contract for the railway canteen was given to the husband of the Petitioner, Sri.A.Subramania Iyer. On the death of Sri.A.Subramania Iyer, the Petitioner continued the said contract.

2. This Court admitted the Writ Petition and granted an interim Order on 07.06.2016 staying all proceedings to terminate the license of the Petitioner for running the said railway canteen. The said Radha K. died on 16.09.2018, and the son of said Radha is impleaded as additional Petitioner as per the Order dated 31.10.2018 in I.A. No. 1 of 2018.

3. The learned Counsel for the Petitioner submitted that the canteen has not been functioning since the year 2019 as the license was not renewed in the name of the additional Petitioner. The learned Standing Counsel for the Respondent No.1 submitted that, on account of the interim order in this Writ Petition, the said canteen was not allotted to anybody else. Learned Counsel for the Petitioner submitted that the additional Petitioner has submitted Ext.P9 Representation dated 13.02.2019 requesting to change the name of the original licensee to his name and the same is pending consideration even now.

4. The learned Counsel for the Respondent No.1 contended that, on the death of the licensee, the legal heir is entitled to continue only up to the date of expiry of the original license period, which has already expired.

5. In light of the facts that the canteen in question is not allotted to any other person and Ext.P9 Representation is pending, I dispose of this Writ Petition directing the Respondent No.1 to dispose of the Ext.P9 Representation within a period of one month from the date of receipt of the certified copy of the judgment. The allotment of the said canteen to the additional Petitioner or anybody else is to be considered subject to the result of the disposal of Ext.P9 Representation.

Sd/-