LAWS(KER)-2022-8-279

BINDU Vs. KOZHIKODE CORPORATION

Decided On August 12, 2022
BINDU Appellant
V/S
KOZHIKODE CORPORATION Respondents

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(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 dtd. 5/3/2016 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. Anyhow, it is for the petitioner to impress upon the Secretary, the entitlement of the petitioner for transfer of the trade licence.

(3.) In that view of the matter, I do not think that there is any illegality or arbitrariness in Ext.P7 order passed by the Secretary.