Issuing writs related to deemed licensing under the Kerala Municipality Act, emphasizing opportunity for hearing before granting licenses.

JUDGMENT

This writ petition is filed with following prayers:

i) To issue a writ of mandamus or any appropriate writ or order or direction to the 2nd respondent directing not to make any obstruction in the functioning of the bunk shop run by the petitioner at Kottiyoorkonam, Jagathy, Thiruvananthapuram.

ii) To issue a writ of mandamus or any other writ or order or direction to the respondents not to remove the bunk shop of the petitioner located at Kottiyoorkonam, Jagathy, Thiruvananthapuram.

iii) To issue a writ of mandamus or any other writ or order or directing the 2nd respondent to consider the Ext.P2 representation in the light of deemed license under Section 447 of Municipality Act and Ext.p1 Street Vendors list.

iv) To issue a writ of mandamus or any other writ or order or directing the 2nd respondent to issue necessary licence to the petitioner .

v) To declare that the petitioner is entitled to conduct her bunk shop at Kottiyoorkonam, Jagathy, Thiruvananthapuram as per the provisions of the Kerala Municipality Act .

vi) To dispense with the production of the translation of the vernacular documents.

vii) Issue such other appropriate writ, order or direction which this Hon’ble Court may deem fit in the circumstances of the case;

(SIC)

2. The main prayer in this writ petition is for issuing a direction to the 2^nd respondent not to make any obstruction in the functioning of the bunk shop run by the petitioner and the contention of the petitioner is that he has deemed licence.

3. This writ petition is filed in the year 2024. Assume for the argument of sake, the petitioner has deemed licence. The licence period is already over. When this writ petition came up for consideration, this Court passed a status quo order. The counsel for the additional 3^rd respondent submitted that the petitioner has no licence. I do not want to make any observation about the same. The status quo order passed by this Court can be allowed to continue for a period of one month. In the meanwhile, the petitioner should get necessary licence from the competent authority. The counsel for the 3^rd respondent submitted that the bunk shop is creating problem to him. If any licence application is filed, an opportunity of hearing to the 3rd respondent also should be given and the grievance of the 3^rd respondent also should be considered at that time.

Therefore, this Writ Petition is disposed of in the following manner:

1. Status quo as on today shall be continued for a period of one month.

2. If any licence application is filed during the above period, an opportunity of hearing to the 3^rd respondent also should be given and his grievance also should be considered while passing orders in the licence application.

3. All other contentions of the petitioner are left open.