K.O Aboobacker vs State Of Kerala
2021 Latest Caselaw 23319 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                       WP(C) NO. 37700 OF 2015
PETITIONER:

    1     K.O ABOOBACKER, AGED 63 YEARS, S/O.OORAN, KOKKADAN
          HOUSE., KANDANTHARA, ALLAPRA P.O., PERUMBAVOOR - 683
          556,               ERNAKULAM DISTRICT.
    2     K.A.SHIHAB AGED 36 YEARS S/O.ABBOBACKER
          KOKKADAN HOUSE, KANDANTHARA, ALLAPRA P.O.,
          PERUMBAVOOR - 683 556, ERNAKULAM DISTRICT.
          BY ADV SRI.G.SREEKUMAR (CHELUR)


RESPONDENTS:

    1     STATE OF KERALA
          GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     PERUMBAVOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY
          MUNICIPAL OFFICE, PERUMBAVOOR, ERNAKULAM - 683 542.
    3     SECRETARY, PERUMBAVOOR MUNICIPALITY, REPRESENTED BY ITS
          SECRETARY, MUNICIPAL OFFICE, PERUMBAVOOR,
          ERNAKULAM - 683 542.


          R1- SRI.JACOB E SIMON,SENIOR GOVERNMENT PLEADER
          R3- SRI.M.P.PRAKASH



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.37700/2015                       2




                                        JUDGMENT

Dated this the 25th day of November, 2021

The writ petition is filed by the petitioner seeking the following reliefs:

i) to call for the records which leads to Exhibit P4 and to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the same and all further proceedings pursuant to it.

ii. To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to complete the assessment proceedings in respect of 2 nd floor of the building.

Iii. To issue such other writ, order or direction as this Court deems fit and proper to grant is the nature and course of proceedings.

2.The grievance of the petitioner is that as per Exhibit P4 notice dated

9.9.2015, the Secretary of the Perumbavoor Municipality - 3 rd respondent, has

cancelled the licence issued to the petitioner under section 447 of the Kerala

Municipality Act, 1994 without issuing any notice to the petitioner. Learned

counsel for petitioner submitted that since the cancellation was made

without giving proper opportunity of hearing and notice, Exhibit P4 suffers

from the vice of arbitrariness and illegality and therefore, is passed in

violation of principles of natural justice.

3. I have heard learned counsel for petitioner and perused the

pleadings and materials on record.

4. I am of the considered opinion that trade licence under section 447 of Act,

1994 was being issued by the Municipality/Secretary, at that point of time on an

year to year basis. Therefore, at any stretch of imagination the licence cancelled

during the year 2015 and the consequences thereto, may not require any

adjudication at this distance of time.

5. In that view of the matter, there is no doubt that the writ petition has

virtually become infructuous. Therefore, the writ petition is dismissed as

infructuous, however, if the petitioner has made any application for renewal of the

licence for the current year, it shall be considered by the Municipality, in

accordance with law.

Sd/-

                                                         SHAJI P. CHALY,
smv                                                          JUDGE