P M JACOB Vs. CAPT J G JOSEPH

JUDGEMENT

(1.) THIS appeal arises from the judgment dated 05.07.2007 in O.P. 10066 of 2002, whereby the prayer of the writ petitioner to have the unauthorised business run by the appellant (3rd respondent in the original petition) closed down by the local authorities has been granted.

(2.) THE appellant is stated as a tenant of the building bearing No. 25/2525 of Vanchiyoor Village and in occupation for more than three decades. THE landlord of the building (original petitioner) demanded the rent at the enhanced rent, which however was not acceded to by the tenant, under which circumstance, no consent was given by the landlord to have the licence renewed. As such, no licence was renewed by the Local Authority; despite which the appellant was running his business, which hence was stated as unauthorized and illegal in all respects. It was in the said circumstances, that the land lord approached this Court by filing O.P. with the following prayers.

(3.) THE question whether the consent of the landlord is necessary or not, for having issued licence by the local authority stands answered by the Division Bench of this Court as per the decision cited supra. But, here the question is something different. Even though, the appellant may be justified in approaching the appropriate authority for renewal of the licence even without the consent of the landlord, the law declared by this Court as above is not a green card for the appellant to run the business without any licence. This is obvious from the observations made by the Division Bench of this Court in paragraph 14 and 17 of the said verdict, which categorically says that, a person in occupation can be allowed to carry on a trade or business, which requires a license, only after obtaining licence. THEre is no case for the appellant, that in view of the law declared, he had approached the concerned local authority for renewing the licence, even without the consent of the landlord nor has he approached this Court by filing any writ petition for issuance of a writ of mandamus directing the local authorities to issue licence in this regard, before the proceedings were finalized by the learned Single Judge. THE matter was pending before this Court for nearly '5 years', without filing any counter affidavit and without filing any such proceedings and it was accordingly, that the learned Judge passed the final verdict based on available materials on record. This Court does not find any ground to call for interference holding that the learned Judge has gone wrong anywhere. In the said circumstances, the Writ Appeal fails and it is dismissed accordingly.