Jose Varghese vs Adoor Municipality
2021 Latest Caselaw 11817 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                        WP(C).No.9461 OF 2021(G)


PETITIONER/S:

                JOSE VARGHESE, AGED 57 YEARS
                S/O.LATE CHANDAPILLA VARGHESE
                KARIKKINETH HOUSE, KAIPATTOOR
                PATHANAMTHITTA DISTRICT - 691523
                (MANAGING PARTNER, KARIKKINETH
                TEXTILES, ADOOR)

                BY ADV. SRI.SERGI JOSEPH THOMAS

RESPONDENT/S:

      1         ADOOR MUNICIPALITY, MUNICIPAL OFFICE
                ADOOR, PATHANAMTHITTA DISTRICT - 691523
                REPRESENTED BY ITS SECRETARY

      2         THE SECRETARY, ADOOR MUNICIPALITY, MUNICIPAL OFFICE
                ADOOR, PATHANAMTHITTA DISTRICT - 691523

      3         K.G.VIDYAN, AGED 70 YEARS, S/O.LATE K.G.KOCHUMMAN
                VAIDYAN, PLAVILAYIL MONIVILLA, PANNIVIZHA
                ADOOR, PATHANAMTHITTA DISTRICT - 691523

      4         KOCHUMMAN G. VAIDYAN, AGED 32 YEARS
                S/O.L.GHEEVARGHESE VAIDYAN
                PLAVILAYIL MONIVILA, PANNIVIZHA
                ADOOR, PATHANAMTHITTA DISTRICT - 691523

                ADV.SRI.K.SHAJ, SC FOR ADOOR MUNICIPALITY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9461 OF 2021(G)


                      Sathish Ninan, J.
                ==============================
                    W.P.(C) No.9461 of 2021
                  ==========================
             Dated this the 9th day of April, 2021
                            JUDGMENT

It is trite that for renewal of trade licence every

year, consent from the landlord, is not necessary. The

2nd respondent is bound to consider Ext P4 application

for renewal of trade licence without insisting for

consent from the landlord.

The writ petition is disposed of directing the 2 nd

respondent to consider Ext P4 application for renewal of

licence, without insisting for consent from the landlord.

                              Sd/-      Sathish Ninan, Judge

 vdv
 WP(C).No.9461 OF 2021(G)



                           APPENDIX

 PETITIONER'S EXHIBITS



 EXT.P1    COPY OF THE AGREEMENT DATED 19.09.2019 BETWEEN THE

PETITIONER AND THE THIRD RESPONDENT

EXT.P2 COPY OF THE AGREEMENT DATED 23.09.2019 BETWEEN THE PETITIONER AND THE FOURTH RESPONDENT

EXT.P3 COPY OF THE RECEIPT NO.13822 DATED 16.03.2020 GIVEN BY THE ADOOR MUNICIPALITY FOR THE PERIOD 2020-2021 TO THE PETITIONER

EXT.P4 COPY OF THE APPLICATION DATED 26.03.2021 SUBMITTED TO THE 1ST RESPONDENT BY THE PETITIONER

EXT.P5 COPY OF THE REPRESENTATION DATED 05.04.2021 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER