JUDGMENT :

Adarsh Kumar Goel, J.

1. This appeal has been preferred against the judgment and order passed by the High Court of Kerala at Ernakulam in W.A. No. 356 of 2013 in C.W.P. No. 9843 of 2011 dated 06.03.2013 whereby the High Court has held that the consent of the owner of the premises is necessary for renewal of tenant’s licence for running a hardware shop.

2. Short question involved in this appeal is the interpretation of Section 492(3) of the Kerala Municipality Act, 1994, which reads as under :

“(3) Where any person intending to obtain a licence or permission for the first time and where the applicant is a person other than the owner of the premises in question, he shall, along with the application produce the written consent of the owner of the premises and the period of the licence shall not exceed the period, if any, specified in the consent.”

3. Facts of the case are not in dispute. Appellant is the tenant of suit premises in Trivandrum District of Kerala since 01.06.2001. He was issued a licence with the consent of the landlord to run hardware business on 22.10.2001 by the village panchayat in question. His application for renewal was rejected on the ground that he did not