IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9271 of 2008(D) ------------------------- PETITIONER: ------------ CARBON DIOXIDE LTD P.B.NO.1908 BANERJI ROAD ERNAKULAM REP. BY ITS DIRECTOR V.JOSE ANTONY BY ADV. SRI.K.P.SREEKUMAR RESPONDENTS: ------------- 1. CORPORATION OF COCHIN REP. BY THE SECRETARY OFFICE OF THE COCHIN CORPORATION ERNAKULAM 2. PETER DAMIAN KAIMATHURUTHIL HOUSE PUTHENVELI P.O. N.PARUR BY ADV.SRI.S.RAMESH BABU, SC, CORP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.9271 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2008 JUDGMENT The grievance of the petitioner, a company functioning in a rented building is that Ext.P7 application for renewal of the earlier licence is not being considered by the Corporation on the ground that the landlord of the building has written to them that licence shall not be renewed. The petitioner submits that the landlord has already filed a rent control petition for evicting the petitioner and Ext.P5 is the copy of that rent control petition. Rent control petition is seriously contested by the petitioner and the rent control court is yet to enquire into the rent control petition. 2. I have heard the submissions of Sri.K.P.Sreekumar, counsel for the petitioner and those of Sri.S.Ramesh Babu, standing counsel who has taken notice on behalf of the Corporation. My attention was drawn by Sri.K.P.Sreekumar to the judgment of a Division Bench of this court in Marimuthu v. Director General of Police ( 1999(3) KLT WPC.No.9271/08 2 662) wherein it has been held that the local authorities are not justified in insisting that for renewal of licences which had been granted on the basis of consents from the landlord already noticed, fresh consent from the landlord should be produced. Having gone through the judgment of the Division Bench, I find considerable merit in the submissions of Sri.K.P.Sreekumar. I dispose of the writ petition directing the respondent Corporation to pass early orders on Ext.P7 application for renewal of licence taking into account the principles laid down by the Division Bench in Marimuthu v. Director General of Police 1999(3)KLT 662) without insisting on production of any consent from the landlord. Ext.P5 rent control petition itself is enough evidence to show that the petitioner is in possession of the premises. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.9271/08 2