IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 7998 of 2008(B) ------------------------- PETITIONER: ------------ NIYAZ, S/O. ABDUL RAHIM, SATHEER MANZILIL, VADAKKEVILA P.O., KAYYALAKKAL CHERI, ERAVIPURAM, KOLLAM DISTRICT. BY ADV. SRI.B.S.SIVAJI RESPONDENTS: ------------- 1. CORPORATION OF KOLLAM, REPRESENTED BY ITS SECRETARY, KOLLAM. 2. M.M. SAFARULLA, S/O.MUHAMMED KANNU, CHITADEESHWARAM PURAYIDAM, ANDAMUKKU, CHINNAKKADA, KOLLAM. R1 BY ADV.MR.M.K.CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.7998 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 10th March, 2008 JUDGMENT This Writ Petition has been filed by the present owner of room Nos.501, 502, 503 & 504 in ward No.MC XIV of the 1sts respondent- Corporation seeking a direction to the 1st respondent-Corporation not to issue trade licence to the 2nd respondent, the tenant who is presently in possession of the shop rooms without written permission/consent of the petitioner. He also seeks a declaration that the 2nd respondent is not entitled for licence from the 1st respondent- Corporation for conducting business without written permission from the petitioner. He has filed Ext.P1 objection through his Advocate before the Corporation in the matter of issuance of licence to the 2nd respondent. The issue whether it is necessary that the tenant should produce consent from the landlord every time he applies for renewal of licence is no longer res integra. The issue is covered by several judgments of this court including that in Cyril Britto v. Cherthala Municipal Council (W.P.C.No.31522/03). However, since the petitioner has submitted Ext.P1 before the 1st respondent, I dispose of the Writ Petition directing the 1st respondent to consider Ext.P1 and hear the W.P.C.No.7998/08 - 2 - petitioner also apart from hearing the 2nd respondent before taking decision on application for renewal of licence submitted by the 2nd respondent. srd PIUS C.KURIAKOSE, JUDGE