Kerala High Court
K.Krishnakumar vs Mattanur Municipality on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 24347 OF 2021
PETITIONER:
K.KRISHNAKUMAR,
AGED 43 YEARS, S/O. V.V. BALAN NAMBIAR,
ANAND NIVAS, URUVACHAL P.O.,
KANNUR DISTRICT 670 702.
BY ADV CIBI THOMAS
RESPONDENTS:
1 MATTANUR MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
MATTANNUR P.O., KANNUR DISTRICT 670 702.
2 THE SECRETARY,
MATTANUR MUNICIPALITY,
MATTANNUR P.O. KANNUR DISTRICT 670 702.
3 C.K. HAMEED HAJI,
S/O. MAMMED, BUSHARA MANZIL,
KOLARI AMSOM, KALLUR DESOM,
MATTANNUR P.O. KANNUR DISTRICT 670 702.
4 ADDL. R4. IS IMPLEADED
SHARAFUDHEEN,
AGED 54 YEARS, S/O. HAMEED HAJI, BUSHARA MANZIL,
MATTANNUR P.O., KANNUR DISTRICT-670702.
ADDITIONAL R4 IS IMPLEADED AS PER THE ORDER DATED
04.03.2022 IN I.A.1/2022 IN WP(C) 24347/2021.
BY ADVS.
K.S.MADHUSOODANAN
M.M.VINOD KUMAR
P.K.RAKESH KUMAR
K.S.MIZVER
M.J.KIRANKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24347 OF 2021
2
T.R. RAVI, J.
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W. P. (C). No. 24347 of 2021
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Dated this the 7th day of April, 2022
JUDGMENT
The writ petition has been filed challenging Ext.P6, whereby
the 1st respondent has rejected the application submitted by the
petitioner for licence on the ground that the petitioner has not
submitted the consent from the landlord. The petitioner was doing
business in room No.VII-356 taken on rent from the 3rd respondent
with a licence from 1st respondent Municipality. Ext.P4 licence
expired on 31.03.2021. The petitioner has submitted Ext.P5
application for licence on 22.09.2021. The said application has
been rejected on the ground that he has not submitted the consent
of the landlord. Reliance is placed on the judgment of the Hon'ble
Supreme Court in Sudhakaran V. Corporation of Trivandrum
and Another reported in 2016 (3) KHC 803, wherein the Hon'ble
Supreme Court has in paragraph 8 stated so.
"8. After due consideration of the issues involved, we
find merit in the submission made on behalf of the
applicant. The statutory provision already quoted
above shows that the requirement of consent of
WP(C) NO. 24347 OF 2021
landlord is applicable only when a person intends to
obtain a licence for the first time. Renewal or
subsequent application for obtaining licence on expiry
of the period of the existing licence, during the currency
of the tenancy, is not applicable for obtaining licence.
Even in the case of application for obtaining licence 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."
It can be seen from the judgment that the Hon'ble Supreme
Court has categorically held that requirement of a consent of
landlord is applicable only when a person intends to obtain a licence
for the first time. It is further stated that renewal or subsequent
application for obtaining licence on the expiry of the period of the
existing licence, during the currency of the tenancy, will not require
a fresh consent from the landlord. In view of the categoric
statement of the Hon'ble Supreme Court and in view of the
admitted fact that the tenancy still continues though under the 4 th
respondent (since the 3rd respondent has transferred his rights to
the 4th respondent), Ext.P6 cannot be sustained.
In the result, this writ petition is allowed. Ext.P6 is set aside.
The 1st respondent is directed to reconsider Ext.P5 application in
WP(C) NO. 24347 OF 2021
accordance with law and pass fresh orders within one month from
the date of receipt of a copy of this judgment. The absence of
consent of the landlord shall not be a reason for rejection of the
application. The right of the 4th respondent has to be worked out in
appropriate proceedings for eviction.
Sd/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 24347 OF 2021
APPENDIX OF WP(C) 24347/2021
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE KACHIT DATED 12.06.2009.
Exhibit P2 TRUE COPY OF THE RENT RECEIPT FOR THE
PERIOD FROM SEPTEMBER 2020 TO AUGUST
2021.
Exhibit P3 TRUE COPY OF THE CONSENT LETTER DATED
12.06.2009 ISSUED THE PETITIONER BY THE
3RD RESPONDENT.
Exhibit P4 TRUE COPY OF THE LICENCE ISSUED FROM THE
IST RESPONDENT MUNICIPALITY TO THE
PETITIONER.
Exhibit P5 TRUE COPY OF THE APPLICATION FOR LICENCE
SUBMITTED BY THE PETITIONER BEFORE THE
IST RESPONDENT MUNICIPALITY U/S 447 OF
THE KERALA MUNICIPALITY ACT.
Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED
18.10.2021 ISSUED BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS
EXHIBIT R3(A) PHOTOCOPY OF THE DEED BEARING
NO.1919/2019 DATED 19.8.2019
EXHIBIT R3(B) PHOTOCOPY OF THE DEED BEARING NO.428/2020
DATED 19.2.2020
