SHAJIMON Vs. CHIRAKKADAVU GRAMA PANCHAYAT

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following relief:-

(2.) The issue raised in the writ petition relates nonrenewal of the trade license by the Secretary of the Kanjirappally Grama Panchayat for want of fresh consent from the landlord. The sum and substance of the contention advanced is that the petitioner and the third respondent have entered into a lease arrangement whereby the petitioner is occupying the building of the third respondent - landlord. Dispute arose by and between the parties consequent to which third respondent has filed RC(OP) No. 3/2015 before the Rent Control Court, Kanjirappally. The learned counsel for the petitioner submitted that the said Rent Control Petition was allowed and eviction is ordered and being aggrieved, petitioner has preferred RCA No. 4/2020, which is pending consideration before the Appellate Authority, Kottayam under the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act, 1965').

(3.) The paramount contention advanced is that when the petitioner approached the Secretary of the Chirakkadavu Grama Panchayat seeking renewal of the trade license, it was being declined for the reason that the petitioner has not produced any consent from the landlord. The question is whether the Secretary of the Grama Panchayat is entitled to insist for a successive consent from the landlord once the building is occupied by the tenant and trade license is once issued by the Secretary of the Grama Panchayat.