M. KANAKARAJ Vs. COMMISSIONER

JUDGEMENT

(1.) THE petitioner is before this Court assailing the communication dated 05.08.2011 which is impugned at Annexure-A to the petition. By the said communication, the 2nd respondent has rejected the request of the petitioner seeking renewal of his trade license and on the other hand has considered the 5th respondent to be the tenant in possession of the property, so as to indicate that he would be entitled to run the trade in the said premises.

(2.) THE petitioner claims to be a tenant in respect of the premises bearing No. 61, Cockburn Road, Shivajinagar, Bangalore wherein convention hall is situate and he is carrying on the said business being the tenant under the Tamil Evangelical Lutheran Church, Tiruchinapally, Tamil Nadu. In that regard, the petitioner had been granted the trade license to run the convention hall in the said premises and the same had been renewed from time to time and the instant renewal had been sought by the petitioner.

(3.) AT the outset, a perusal of the impugned communication dated 05.08.2011 would indicate that the 2nd respondent has exceeded its jurisdiction in determining the tenancy in respect of the premises in question to conclude that the 5th respondent is the present tenant of the premises. I am of the said opinion for the reason that the petition papers would reveal that though an eviction petition had been filed against the petitioner herein in the name of the land lords of the premises in H.R.C. No. 10069/2010, the same had been withdrawn subsequently by filing a memo dated 01.01.2011 as at Annexure-N to the petition. There is no other material to indicate that the petitioner has been lawfully evicted from the premises in question.