MINI SAJAN VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) These two writ petitions require to be heard and disposed of together, since, one is filed by the landlords while the other by the tenant and the issues involved being analogus to each other.

(2.) W.P.(C).No.4500/2019 has been filed by the landlords of a premises (herein after referred to as landlords for ease), which has been leased out to the petitioner in namely S.K.P Motors Pvt. Ltd, alleging that the latter is conducting an Automobile Service Station in the property in question without obtaining necessary consents, licences and permissions from the statutory Authorities. The landlords, therefore, pray that the official respondents be directed to ensure that their tenant namely S.K.P Motors Pvt. Ltd., ceases their operations forthwith.

(3.) While so, S.K.P Motors Pvt. Ltd filed producing a copy of the lease agreement as Ext.P1 and assailing Ext.P6 communication issued by the Thiruvananthapuram Corporation, as per which they had been directed to produce certain documents, including the tax receipt of the property involved and the building tax receipt, as also to comply with various other requirements, before they can be given their trade license. S.K.P Motors Pvt. Ltd says that their landlords will not give them the NOC or the tax receipts because their relationship has now soured and therefore, prays that the Corporation be directed to take a decision on their application for licence de hors these, asserting that it has been already declared by this Court in various judgments that NOC of the landlord is not necessary for consideration of grant of licence if the tenant produces a valid lease deed/agreement.