Licence for shop can't be renewed as a matter of right: HC
December, 13th 2006
While disposing of a writ petition by a legal heir of a deceased person, pleading for renewal of licence for a shop in a mofussil bus stand, the Madras High Court has ruled that "there can never be a perpetual succession of Government largesse to be enjoyed by legal heirs".
The petitioner's father was running a shop in the bus stand of Dharmapuri Municipality. On his demise on June 7, 2004, the Municipality informed the petitioner, who had approached this Court for an order to a local body to renew licence in his name, that the licence could not be granted in favour of legal heir.
The Municipality further informed the petitioner that public auction would be conducted for granting licence to run shop. The petitioner was directed to hand over the shop to facilitate auctioning.
The petitioner contended that while there was a provision for renewing licence of the existing licensee, there was no legal sanction for legal heir to get licence on a renewal basis.
Mr Justice Chandru held that this argument was not sustainable. The petitioner could not plead that he had the right to get licence renewed as it stood in the name of his deceased father.
The petitioner could not take advantage over the clause found in the Government Order and seek for renewal in favour of him or in favour of his family on grounds of discrimination. The writ petition was dismissed.