Petitioners operating a hotel business challenged the Grama Panchayat's requirement for landlord consent for trade license renewal. Relying on Supreme Court and Kerala High Court precedents, the single Judge held that such consent is not mandatory.
Directed the Secretary to consider the applications for license renewal expeditiously within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 21ST DAY OF MARCH 2019 / 30TH PHALGUNA, 1940
WP(C).No. 3610 of 2019
PETITIONER/S:
1 RAJAN N.V AGED 51 YEARS S/O. SANKARA WARRIER, PUTHENVEEDU (CHERUSSERY WARRIYAM), PUTHURUTHY DESOM, MUNDATHIKKODU VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT-680 307
2 KISHORE N.K. AGED 53 YEARS S/O. KUNJU, NAROTHUPARAMBIL , SILK NAGAR, PERINGANDUR DESOM, ATHANI P.O, PERINGANDUR VILLAGE, THRISSUR-680 581
BY ADV. SMT.C.K.REMANY
RESPONDENT/S:
1 PANCHAYATH SECRETARY
AVANNUR GRAMA PANCHAYATH, VELAPPAYA, P.O. MEDICAL COLLEGE, THRISSUR-680 596
2 SHAJU T.M. AGED 48 YEARS, S/O. THALAKKODAN MATHEW, VELAPPAYA VILLAGE, THRISSUR-680 596
BY ADVS. SRI.A.BALAGOPALAN SMT.P.SEENA SRI.A.RAJAGOPALAN SRI.C.A.ANOOP SRI.M.N.MANMADAN SRI.M.S.IMTHIYAZ AHAMMED SRI.SOJO J.KALLIDUKIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3610 of 2019 2
JUDGMENT
Petitioners, who are conducting the hotel business in the
name and style 'Trends shopee' after obtaining Ext.P2 D&O Licence from the first respondent and Ext. P3 Sanitary Certificate from the Kerala State Health Department, in two shop rooms owned by the second respondent, have filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the first respondent to renew the licence granted to petitioners without insisting for the consent of the landlord.
Marimuthu v. Director General of Police [1999(3) KLT
662] , wherein it was held, in the context of sub-section (3) of
WP(C).No. 3610 of 2019 3
Section 492 of the Municipality Act, 1994 that the Corporation cannot insist upon the tenant to produce written consent of the landlord for the purpose of issuance of license for conducting business.
and Another [2016 (14) SCC 263] the Apex Court held that consent of the landlord is not required by the tenant for renewal of municipal license to run a shop. Even in the case of application for obtaining license for the first time, the tenant cannot be deprived of running lawful business merely because the landlord withheld the consent. Valid tenancy itself has implied authority of the landlord for legitimate use of the premises by the tenant as per the tenancy agreement.
WP(C).No. 3610 of 2019 4
for renewal of license, as evidenced by Exts.P4 and P4(a) receipts, taking into consideration the law laid down in the decisions referred to supra.
A decision in this regard shall be taken, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of the judgment, with notice to the petitioners and also to the second respondent.
SD/-
ANIL K.NARENDRAN
JUDGE
DCS
WP(C).No. 3610 of 2019 5
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LICESNE AGREEMENT DATED 2.11.2016
EXHIBIT P2 THE TRUE COPY OF THE D& O LICENSE ISSUED BY THE 1ST RESPONDENT DATED 03.02.2018.
EXHIBIT P3 THE TRUE COPY OF THE SANITARY CERTIFICATE ISSUED BY THE KERALA STATE HEALTH DEPARTMENT DATED 27.02.2018
EXHIBIT P4 A THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT RECEIVED FOR THE APPLICATIONS FOR D& O LICENSE DATED 24.01.2019
EXHIBIT P4 B THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT RECEIVED FOR LICENSE RENEWAL REGISTRATION DATED 23.01.2019
EXHIBIT P5 TRUE COPY OF THE REJECTION LETTER ISSUED BY THE 1ST RESPONDENT DATED 23.01.2019
2 issues framed by the court
Whether a municipality or Grama Panchayat can insist on tenant consent from landlord for renewal of trade license.
Whether the petitioner is entitled to renewal of the license without obtaining written consent from the landlord.
Colour shows how this judgement treated each authority
Marimuthu v. Director General of PoliceDistinguished¶23
Marimuthu v. Director General of Police [1999(3) KLT 662]
Sudhakaran v. Corporation of Trivandrum and AnotherRelied on¶27
Sudhakaran v. Corporation of Trivandrum and Another [2016 (14) SCC 263] · Who else cites this
Rajan N.V and Kishore N.K.
Panchayath Secretary, Avannur Grama Panchayath
Shaju T.M.
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Anil K.Narendran
Parties & counsel
