C S BABU Vs. C VIJAYAN

JUDGEMENT

(1.) Heard Sri.K.P.Dandapani, the learned Senior counsel appearing for the appellant (landlord) in both these cases. Also heard Sri.Santhosh Poduval, the learned counsel appearing for the Municipal Corporation of Thrissur. The respondent writ petitioner is represented by the learned Senior counsel Sri.N.Nandakumara Menon. For the sake of convenience the references in this judgment are from the records of W.A.No.2426/2018.

(2.) These Writ Appeals arise out of the common judgment dated 13.11.2018 in the W.P.(C) No.20554 of 2018 and the W.P.(C) No.31220 of 2018, which were respectively filed by the partnership firm M/s. Vijaya Jyothi Traders and its Managing Partner Sri.C.Vijayan @ Raghavan. The cases primarily related to the nonconsideration of the application for a D & O (Dangerous & Offensive) licence applied by the petitioner. The Thrissur Municipal Corporation, however took the stand that the application cannot be considered in the absence of a consent from the landlord as is mandated by sub-sections (3) and (4) of Section 492 of the Kerala Municipality Act, 1994 (hereinafter referred to as 'the Municipal Act').

(3.) The basic contention of the petitioner is that there is a dispute between the landlord and the tenant, and therefore, obtaining a consent letter from the landlord must not be insisted, for consideration of the renewal of the licence.