K.M. MATHEW Vs. PALA MUNICIPALITY

JUDGEMENT

(1.) The petitioner, who is stated to be a tenant in occupation of a shop room in the ground floor of a shopping complex owned by the 3rd respondent, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Exts.P5 and P7 communications issued by the 2nd respondent, who is the Secretary of the 1st respondent Municipality whereby the petitioner is informed that the application made for D&O licence for the year 2019-20 can be considered only on production of consent letter. According to the petitioner, the consent letter of one Bindhu was produced before the 2nd respondent as sought for in Ext.P5. Thereafter, by Ext.P7 communication, the petitioner was informed that he has to obtain consent letter from the landlord for consideration of the application for D&O Licence. Feeling aggrieved by Exts.P5 and P7, the petitioner is before this Court in this writ petition. The petitioner has also sought for a declaration that the 2nd respondent is bound to grant trade licence to the petitioner pursuant to Ext.P3 application, without insisting for a consent letter from the 3rd respondent landlord.

(2.) On 27.03.2019, when this writ petition came up for admission, the learned Standing Counsel took notice on admission for respondents 1 and 2. Urgent notice by special messenger was ordered to the 3rd respondent, returnable by 03.04.2019.

(3.) Heard the learned counsel for the petitioner, the learned Standing Counsel for Pala Municipality, representing respondents 1 and 2, and also Sri.Abraham George Jacob, the learned counsel for the 3rd respondent.