ASHA ANILKUMAR Vs. CHERTHALA MUNICIPALITY

JUDGEMENT

(1.) W.P.(C) No.5367/2021 has been filed by the petitioner-tenant seeking to set aside Ext.P9 and to command the 2nd respondent to reconsider Ext.P9 and thereafter issue licence, without insisting for any consent from the 4th respondent-landlord. W.P.(C) No.6278/2021 has been filed by the same petitioner-tenant seeking to command the 2nd respondent-Circle Inspector of Police to afford adequate and meaningful police protection to the life of the petitioner as well as for occupying building No.639C without any hindrance from the 3rd respondent or his agents. As the issues involved in these writ petitions are interconnected, they are heard together and being disposed of by a common judgment.

(2.) The petitioner submits that she is a lessee in respect of property having 3.66 Ares of land along with building No.639C of Cherthala Municipality. The 4th respondent is working abroad and has executed Ext.P1 Power of Attorney in favour of his father. The 4th respondent leased out the 3.66 Ares of land to the petitioner and permitted the petitioner to construct a building thereon for running a restaurant. The petitioner obtained Building Permit and constructed a building for the restaurant. The initial rent agreement was for a period of 11 months. When the 11 months period ended, the 4th respondent issued a consent letter for starting a restaurant in the building.

(3.) The petitioner submits that the 4th respondent now wants to alienate the property and has required the petitioner to vacate the premises. The petitioner approached the 2nd respondent-Secretary to Municipality seeking licence to run a restaurant. The 2nd respondent did not accept the licence application and has instead issued a notice dtd. 5/2/2021, threatening that the restaurant being run by the petitioner without licence, will be closed down. The petitioner submitted reply to the said notice. However, the petitioner's application for licence was not favourably considered. The petitioner therefore filed W.P.(C) No.3899/2021. This Court in the said writ petition, directed the 2nd respondent to consider and pass orders on the application for licence submitted by the petitioner, in the light of Ext.P2 consent deed.