KATTOOR KHADEEJA Vs. P.K.C.MARIYUMMA

JUDGEMENT

(1.) This writ appeal is preferred by the 3rd respondent in W.P.(C) No.18681/2019, challenging the judgment of a learned Single Judge dated 9.9.2020, whereby the writ petition filed by the 1st respondent herein i.e., one P.K.C.Mariyumma was allowed, holding that the Payyannur Municipality is bound to issue licence to the 1 st respondent - tenant of the buildings belonging to the appellant, in accordance with law. Brief material facts for the disposal of the writ appeal are as follows;

(2.) First respondent's husband one T.K.P.Abdul Hameed Haji was running a business of footwear in rooms bearing Nos.PMC 22/783 and 791 (new numbers, PMC 19/1426 & 19/1431),belonging to the appellant . The licence was issued in the name of Abdul Hameed Haji, who died on 28.6.2018. Thereafter, according to the writ petitioner, she is managing the affairs of the shop with the help of a staff viz., Rafi. It is also the case of the writ petitioner that the owner of the rooms is not in good terms with the writ petitioner especially after the death of Abdul Hameed Haji. Thereupon, the owner and her son want the writ petitioner, to vacate the room for their use.

(3.) It is the case of the writ petitioner that without seeking any legal remedy for evicting the writ petitioner, the writ petitioner was harassed by the building owner and her son and when it became intolerable, writ petitioner filed O.S No.142/2018 seeking a decree against forcible eviction of the writ petitioner from the shop rooms. While so, the writ petitioner approached the 2nd respondent, Payyannur Municipality, during the 1 st week of February, 2019 for renewal of the licence. All the required documents were given, however, the officials of the Municipality refused to accept the fee for renewal of licence stating that since the licensee is dead, a legal heir-ship certificate is to be produced for receiving the renewal fee and it is to be done by online only. Thereupon the writ petitioner approached the Village Officer, Padanna, for securing legal heir ship certificate and the said application is now pending consideration before the Tahsildar, Hosdurg.