Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, 1945 PETITIONERS: 1 P.SUSHAMA, AGED 43 YEARS, D/O.M.SANKARANARAYANAN, FLAT NO.215, PANAMPILLY APARTMENT, PANAMPILLY NAGAR, KOCHI - 682036. 2 M. SANKARANARAYANAN, AGED 82 YEARS, FLAT NO.215, PANAMPILLY APARTMENT, PANAMPILLY NAGAR, KOCHI, PIN - 682036. BY ADVS. RENJITH B.MARAR LAKSHMI.N.KAIMAL ARUN POOMULLI PREETHA S CHANDRAN ABHIJITH SREEKUMAR ANAND REMESH T.K.BABU V.PREEJO PAULY RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001. 2 SECRETARY (JOINT DIRECTOR OF AGRICULTURE) AGRICULTURAL URBAN WHOLESALE MARKET, NETTOOR P.O., MARADU, ERNAKULAM, PIN - 682040. BY ADV.SRI.RAJEEV JYOTHISH GEORGE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
JUDGMENT
The petitioners say that brother of the first among them and the son of the second among them, Sri.Suresh - who is the licensee of a shop in ‘Agricultural Urban Wholesale Market’, Maradu, unfortunately died, without being survived by any other legal heir. They say that
they, therefore, applied for transfer of the licence of the shop in their names; but that this has been rejected through Ext.P5, saying that only the wife and children of a licensee will be given the said benefit. They say this is illegal and unlawful because, the legal heirs of a deceased licensee are certainly entitled to
have the same transferred into their names.
2. In response to the afore submissions of
Sri.Keshavraj Nair - learned counsel for the
petitioners, the learned Government Pleader -
Sri.Rajeev Jyothish George, submitted that-3- Ext.P5 has been issued because, the Legal Heirship Certificate produced by the petitioners before the competent Authority was that of the wife of the second among them, who is also the mother of the first among them. He submitted that they must produce the Legal Heirship Certificate of late Suresh, if they are to impel any claim; and that if this is done, same will be considered by the competent Authority in terms of law.
3. On hearing the learned Government
Pleader as afore, Sri.Keshavraj Nair submitted that his clients would produce necessary Legal Heirship Certificate before the competent Authority, and sought liberty for them to do so. In the afore circumstances, I order this writ petition and set aside Ext.P5; with a consequential direction to the petitioners to produce the relevant Legal Heirship Certificate -4- qua deceased Suresh P.; and if this is done within a period of three months from the date of
receipt of a copy of this judgment, their application for transfer of licence of the shop in question will be considered by the competent Authority, after affording them an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two months thereafter. Needless to say, until such time as the
afore is done and the resultant order
communicated to the petitioner, status quo with respect to the shop, as is available today, shall be allowed by the respondents. Sd/- DEVAN RAMACHANDRAN JUDGE akv -5- APPENDIX OF WP(C) 19610/2023 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE LEASE AGREEMENT DATED 22.5.2022 BETWEEN THE 2 ND PETITIONER'S SON AND THE 2 ND RESPONDENT EXHIBIT P2 A TRUE COPY OF THE DEATH CERTIFICATE OF THE 2 ND PETITIONER'S SON ISSUED ON EXHIBIT P3 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE FOR LATE MRS. BHAGYALAKSHMI DATED 11.1.2005 EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 28.3.2023 EXHIBIT P5 A TRUE COPY OF THE ORDER NO A.U.W.M(2) SECRETARY AGRICULTURAL URBAN WHOLESALE MARKET MARADU