Sheela Shaji vs The Cochin Port Trust
2021 Latest Caselaw 9713 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       WP(C).No.7507 OF 2021(K)


PETITIONER:

               SHEELA SHAJI
               ILLATHUPARAMBIL HOUSE, MULAVUKADU P.O.
               ERNAKULAM-682 504.

               BY ADV. SHRI.L.RAM MOHAN

RESPONDENTS:

               THE COCHIN PORT TRUST
               REPRESENTED BY ITS SECRETARY, WILLINGTON ISLAND
               COCHIN-682 009.




               ADV.SRI.M.GOPIKRISHNAN NAMBIAR, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7507 OF 2021(K)

                                          2


                                   JUDGMENT

Dated this the 23rd day of March 2021

The petitioner's husband, who was allotted

a shop by the respondent and has been running

the shop for the last 40 years, passed away on

05.10.2020. The license for the shop was last

renewed for a period of 5 years from

18.03.2020 to 17.03.2025. The allotment order

was issued on 20.06.2020. By Ext.P2 letter

dated 04.02.2021, the petitioner was asked to

surrender the shop within ten days from the

date of receipt of the said letter. Pointing

out that the petitioner's husband has incurred

huge expenditure for renovation of the shop,

the petitioner has submitted Ext.P3

representation before the respondent

requesting for permission to run the shop till

the expiry of the period of agreement.

2. The learned Standing counsel points

out that Ext.P2 order passed by the respondent

would show that the petitioner had already WP(C).No.7507 OF 2021(K)

submitted a representation on 14.01.2021 and

the same was rejected stating that her request

for transferring the license to the successor

of late K.K. Shaji can not be considered

favourably, as there is no provision for the

same. The learned Standing counsel also

points out that, Clause 10 of Ext.P1 allotment

order specifically provides that the license

shall not be transferred to his/her successor

in the case of demise of the licensee and in

such a case the legal heir should surrender

the allotted shop to Port after clearing all

dues, if any.

In the above said circumstances, the

petitioner does not deserve any relief.

Therefore, the writ petition is accordingly

dismissed.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.7507 OF 2021(K)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ALLOTMENT ORDER DATED 20.6.2020 ISSUED BY THE RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 4.2.2021 ISSUED BY THE RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 20.2.21 BY THE PETITIONER.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE