LAWS(KER)-2002-5-34

THOMAS KURIAN ALIAS RAJU Vs. JOSEPH THOMAS

Decided On May 27, 2002
THOMAS KURIAN ALIAS RAJU Appellant
V/S
JOSEPH THOMAS Respondents

JUDGEMENT

(1.) We have heard Sri Achutha Kurup learned counsel for the Appellant as also Mr. Om Prakash counsel for the contesting respondent. On the consent of both parties, the Writ appeal itself is taken up for hearing.

(2.) A premises was let out to the appellant by the contesting respondent-landlord (hereinafter he is referred to as the landlord ). The appellant is conducting a trade in opticals in the premises in question. He displayed an advertisement board is neon light in the said premises publicizing the wares he is trading in. The contesting respondent complained with the local authority that this is being done in violation of sec. 271 and 272 of the Kerala Municipality Act, 1994. The local authority overruled the objection of the landlord by Ext. P5 order. Complaining that the erection of the advertising board is in violation of the above sections, the contesting respondent filed the writ petition with a prayer to quash Ext. P5. In Exhibit P5 the Secretary of the local authority had also informed the landlord that this is a dispute between the landlord and the tenant and the Municipality cannot interfere therein.

(3.) After hearing the respective counsel, the learned single judge set aside Exhibit P5 communication and directed the authority to look into the issue fresh and take if found necessary steps to remove the advertisement board. Against this order the tenant, appellant, has come up in appeal.