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Requirement of the consent of landlord is applicable only when a person intends to obtain a license for the first time : High Court of Kerala

Renewal or subsequent application for obtaining license on the expiry of the period of the existing license, during the period of the tenancy does not require a fresh consent from the landlord. The requirement of the consent of the landlord is applicable only when a person intends to obtain a license for the first time and same was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE T.R.RAVI in the case of K.KRISHNAKUMAR vs. MATTANUR MUNICIPALITY (WP(C) NO. 24347 OF 2021) on 7th April, 2022.

Brief facts of the case are that the petitioner was doing business in room No.VII-356 taken on rent from the 3rd respondent with a license from respondent Municipality. His license expired on 31.03.2021. The petitioner has submitted Ext.P5 application for license on 22.09.2021. The said application has been rejected on the ground that he has not submitted the consent of the landlord.

Learned counsel for petitioner stated that the petitioner’s application cannot be rejected on the mere ground that he has not submitted the consent of his landlord. He stated that in case of Sudhakaran V. Corporation of Trivandrum and Another reported in 2016 (3) KHC 803, the Supreme Court quoted that “The requirement of consent of landlord is applicable only when a person intends to obtain a license for the first time. Renewal or subsequent application for obtaining license on expiry of the period of the existing license, during the currency of the tenancy, is not applicable for obtaining license.”

In the view of the judgment of Honourable Supreme Court in Sudhakaran V. Corporation of Trivandrum and another which stated that requirement of a consent of landlord is applicable only when a person intends to obtain a license for the first time and in view of the fact that the tenancy still continues though under the respondent, Court allowed the writ petition and directed respondent to pass fresh orders within one month from the date of receipt of a copy of this judgment in accordance with law as the absence of consent of the landlord shall not be a reason for rejection of the application.

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Judgment reviewed by – Amit Singh

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